Sayyad Akhil Ahamad Jamil Ahamad Kazi And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:28309-DB 1 929.Cri.Appln.3558-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3558 OF 2024 SAYYAD AKHIL AHAMAD JAMIL AHAMAD KAZI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Wakure Sambhaji S. APP for Respondent/State : Mr. N.S. Tekale ...

CORAM : SANDIPKUMAR C. MORE AND MEHROZ K. PATHAN, JJ.

Dated : 9th October 2025 PER COURT :

1.

The Applicants have filed the present application under Section 482 of the Code of Criminal Procedure for quashing the Regular Criminal Case No.382/2022 pending before the Judicial Magistrate First Class, Osmanabad arising out of First Information Report No.73/2022 dated 20.03.2022 for the offences punishable under Sections 326, 324, 323, 504, 506 read with 34 of the Indian Penal Code registered with Police Station Dhoki, Taluka and District Osmanabad.

2.

However during the pendency of the application, the parties have compromised the matter and a joint affidavit by the Applicants and Respondent No.2/Informant is already filed on record which is marked 'X' for identification. Further it appears that the aforesaid compromise has also been verified by the Registrar (Judicial) of this Court who submitted his report dated 04.07.2025, mentioning that

2 929.Cri.Appln.3558-2024.doc the parties have entered into settlement terms voluntarily and have admitted its contents. It appears that the Respondent No.2/Informant has now decided to bury the differences between himself and the Applicants and he has no objection for quashment of the aforesaid F.I.R. alongwith criminal proceeding.

3.

It is also pertinent to note that there are counter cases by the Complainant party and the accused party, and the FIR and criminal proceeding in cross complaint, are already quashed on settlement in another Application No.3145/2023. Thus it appears that the present F.I.R. and criminal proceeding in view of the settlement can be quashed. As such, following order is passed :

ORDER

(i) The Criminal Application is hereby allowed.

(ii) The Regular Criminal Case No.382/2022 pending before the Judicial Magistrate First Class, Osmanabad arising out of F.I.R. No.73/2022 dated 20.03.2022 for the offences punishable under Sections 326, 324, 323, 504, 506 read with 34 of the Indian Penal Code registered with Police Station Dhoki, Taluka and District Osmanabad, stands quashed and set aside subject to cost of Rs.20,000/- to be paid by the Applicants and Respondent No.2 jointly with the Registry within one month for utilization of medical dispensary of this Court.

MEHROZ K. PATHAN SANDIPKUMAR C. MORE JUDGE JUDGE NAJEEB..