Irfan Yusuf Momin And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:25637-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.873 OF 2025 1.
Irfan Yusuf Momin 2.
Yusuf Ismail Momin 3.
Raziya Yusuf Momin 4.
Yunus Yusuf Momin 5.
Nazmin Imran Momin 6.
Shahista Yunus Momin .. Applicants
Versus
1.
The State of Maharashtra Through Police Inspector, Police Station, Kaij, District Beed.
2.
Sarojbi w/o Ifran Momin .. Respondents ...
Mr. Sk. Altamas A. Latif, Advocate for the applicants. Mr. G. A. Kulkarni, APP for respondent No.1/State. Mr. S. V. Jadhavar, Advocate for respondent No.2. ...
CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.
DATE : 19 SEPTEMBER 2025 ORDER (Per Smt. Vibha Kankanwadi, J.) :- .
Present application has been filed for quashing the proceedings in Regular Criminal Case No.195 of 2020 pending before the learned Judicial Magistrate First Class, Kaij, District Beed arising out of the FIR [1]
bearing Crime No.314 of 2020 dated 14.08.2020 registered with Kaij Police Station, District Beed for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of Indian Penal Code. 2.
Learned Advocate for the petitioners and learned Advocate for respondent No.2 submit that the matter has been compromised between the petitioners and respondent No.2 before the National Lok Adalat at Kaij, District Beed. The photocopies of the compromise in P.W.D.V.A. No.470 of 2020 as well as the Award have been produced. In the said compromise, it is stated that the husband i.e. petitioner has paid amount of Rs.10,50,000/- (Rs.50,000/- in cash and Two Demand Drafts of Rs.5,00,000/- each) to respondent No.2/wife and daughter, as permanent alimony and taking divorce with the mutual consent with respondent No.2. Further, it is stated that they would take back the complaints/criminal cases or civil cases filed against each other and the family members. The settlement terms have been accepted and verified before the National Lok Adalat, Kaij District Beed and the Award has been passed on 14.12.2024.
3.
In view of the fact that the compromise terms have been verified before the National Lok Adalat, in which respondent No.2 has specifically accepted that she would give no objection for withdrawal of the allegations in criminal matters also, we take it to be the no objection for [2]
quashing FIR and the proceedings. Hence, we proceed to pass the following order :-
ORDER
I) Criminal Writ Petition stands allowed.
II) The proceedings in Regular Criminal Case No.195 of 2020 pending before the learned Judicial Magistrate First Class, Kaij, District Beed arising out of the FIR bearing Crime No.314 of 2020 dated 14.08.2020 registered with Kaij Police Station, District Beed for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of Indian Penal Code, stands quashed and set aside as against the present applicants.
[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [3]