Junaid Abdul Bakkhi Qureshi And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:3598-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3183 OF 2024
1) Junaid Abdul Bakhi Qureshi, Age-25 years, Occu:Labourer, R/o-Manur Road, Majalgaon, Tq-Majalgaon, Dist-Beed, (Husband),
2) Abdul Bakhi Abdul Aziz Qureshi, Age-73 years, Occu:Labourer, R/o-Mahboobnagar, Majalgaon, Tq-Majalgaon, Dist-Beed, (Father-in-law),
3) Sultana Begam Abdul Bakhi, Age-74 years, Occu:Household, R/o-As Above, (Mother-in-law),
4) Navid Qureshi Abdul Bakhi, Age-20 years, Occu:Labourer, R/o-As Above, (Brother-in-law),
5) Mushtakh Qureshi Abdul Bakhi, Age-33 years, Occu:Labourer, R/o-As Above, (Brother-in-law),
6) Javed Qureshi Abdul Bakhi Abdul Aziz Qureshi, Age-29 years, Occu:Labourer, R/o- As Above, (Brother-in-law),
7) Shabana Begam Yashin Qureshi, Age-22 years, Occu:Household, R/o-Khatik Galli, Navin Abadi, Palam, Tq-Palam, Dist-Parbhani, (Sister-in-law) ...APPLICANTS
VERSUS
1) The State of Maharashtra, Through Police Inspector, Nanded Rural Police Station, Tq. And District-Nanded,
2) Tabassum Begam Junail Khureshi, Age-23 years, Occu:Household, R/o-In front of Fatema School, Gadegaon Road, Degloor Naka, Nanded, Tq. and Dist-Nanded.
...RESPONDENTS ...
Mr. A.S. Jagtap Advocate h/f. Mr. A.N. Nagargoje Advocate for Applicants.
Mr. A.R. Kale, A.P.P. for Respondent No.1.
Mr. D.M. Mane Advocate for Respondent No.2.
...
CORAM: SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.
DATE : 5th FEBRUARY, 2025 ORDER [PER SMT. VIBHA KANKANWADI, J.] :
1.
Present Application has been filed for quashment of the proceedings in R.C.C. No.552 of 2023 pending before the learned Chief Judicial Magistrate, Nanded arising out of the First Information Report (for short "the FIR") vide Crime No.138 of 2023 dated 4th March 2023 registered with Nanded Rural Police Station, District-Nanded for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code.
2.
Learned Advocate for the applicants and respondent No.2 submit that there is compromise in the matter. Respondent No.2 is now residing / cohabiting with applicant No.1 husband. They are producing the affidavit of respondent No.2 which has been sworn in before the Section Officer of this Court, who has considered the identity of respondent No.2 before affirmation. In the affidavit it is stated that she is happily residing with the husband and the children.
3.
When respondent No.2 - informant states that she is happily residing with the husband and the husband is looking after properly to her, we accept the contents and in the said event there is no hurdle for exercise of powers under Section 482 of the Code of Criminal Procedure. Hence we pass following order:-
O R D E R
(I) The Application stands allowed.
(II) The proceedings in R.C.C. No.552 of 2023 pending before the learned Chief Judicial Magistrate, Nanded arising out of the First
Information Report vide Crime No.138 of 2023 dated 4th March 2023 registered with Nanded Rural Police Station, District-Nanded for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, stands quashed and set aside as against applicant Nos. 1 to 7 i.e. - 1) Junaid Abdul Bakhi Qureshi, 2) Abdul Bakhi Abdul Aziz Qureshi, 3) Sultana Begam Abdul Bakhi, 4) Navid Qureshi Abdul Bakhi, 5) Mushtakh Qureshi Abdul Bakhi, 6) Javed Qureshi Abdul Bakhi Abdul Aziz Qureshi and 7) Shabana Begam Yashin Qureshi.
[SANJAY A. DESHMUKH] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/FEB25