Syed Mohsin Syed Shamshuddin And Others v. The State Of Maharashtra And Another
53apln2555-22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 53 CRIMINAL APPLICATION NO.2555 OF 2022 WITH CRIMINAL APPLICATION NO. 4322/2022 IN APPLN/2555/2022 SYED MOHSIN SYED SHAMSHUDDIN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicants :Mr. Pratap Vikhe Patil h/for Mr. S. J. Salunke APP for Respondent State: Mrs. V. N. Patil Jadhav Advocate for Respondent No.2 : Mr. P.P. Dawalkar
CORAM
: SMT. ANUJA PRABHUDESSAI & R. M. JOSHI, JJ.
DATE : 9th January, 2023 ORDER:
1.
This is an application under section 482 of the Criminal Procedure code for quashing of First Information Report No. 8/2022 registered with Police Station Beed City, District Beed and consequent charge sheet No. 8/2022 and RCC No. 255 of 2022 pending on the file of learned Chief Judicial Magistrate, Beed for the offence punishable under sections 498-A, 323, 504, 506, 34 of the Indian Penal Code. 2.
The aforesaid crime was registered pursuant to the first information report lodged by respondent No.2. The F.I.R. essentially emanates from the matrimonial dispute. Respondent No.2 and applicant husband are present before us. They have stated that they have resolved the dispute amicably. Respondent No.2 has filed her affidavit wherein she has stated that she and applicant No. No.1 have
53apln2555-22 decided to forget the past unpleasant instances and have agreed to live together and lead happy matrimonial life. Applicant No.1 and respondent No.2 confirmed the contents of the affidavit. 3.
In view of the settlement and in the light of the decision of the Apex Court in B.S. Joshi Vs. State of Haryana, AIR 2003 SC 13861, the application is allowed.
4.
First Information Report No. 8/2022 registered with Police Station Beed City, District Beed and consequent charge sheet No. 8/2022 and RCC No. 255 of 2022 pending on the file of learned Chief Judicial Magistrate, Beed for the offences punishable under sections 498-A, 323, 504, 506, 34 of the Indian Penal Code are hereby quashed. 5.
Pending criminal application stands disposed of. ( R. M. JOSHI, J) ( SMT. ANUJA PRABHUDESSAI J.) JPChavan