Nurulislam S/O Faruq Qadri And ORS v. The State Of Maharashtra And ANR

1 Cri.Apln 4758-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 959 CRIMINAL APPLICATION NO. 4758 OF 2016 NURULISLAM S/O FARUQ QADRI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr. Moinuddin Shaikh h/f Mr. Kazi S.S. APP for Respondents: Ms. P.V . Diggikar.

Advocate Mr. Mohammad Waseemullah For R.no. 2. ...

CORAM : T. V. NALAWADE & SMT.VIBHA KANKANWADI. JJ.

DATE : 16-10-2018.

JUDGMENT : ( Per COURT ) 1.

Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2.

Present application is filed for relief of quashing of FIR bearing No. 0163 of 2016 registered with City Police Station, Beed for the offences under Section 498-A, 323, 504 read with 34 of the Indian Penal Code.

3.

During the arguments learned counsels for applicants and respondent No.2 - first informant have submitted that, the parties have settled their dispute. Affidavit in that regard is filed on record and it shows that respondent No.2 has given no objection to grant the relief.

4.

This Court has carefully gone through the contents of the

2 Cri.Apln 4758-2016 settlement, terms mentioned in the affidavit. Though in the past this Court had rejected the application of applicants No.1, 2 and 3, in view of the settlement which can be seen in the affidavit, this Court holds that, in view of the nature of the dipsute and the circumstance of the settlement, the entire FIR bearing No. 0163 of 2016 registered with City Police Station, Beed needs to be quashed and set aside.

5.

In the result, application is allowed. The entire FIR bearing No. 0163 of 2016, registered with City Police Station, Beed for the offences punishable under Section 498-A, 323, 504 read with 34 of the Indian Penal Code is hereby quashed and set aside. Rule made absolute in those terms.

(SMT. VIBHA KANKANWADI) (T. V. NALAWADE) JUDGE JUDGE vjg/-.