Shaikh Nayyum Abdul Raheman And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:7340-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3750 OF 2022

1) Shaikh Nayyum S/o Abdul Raheman,

2) Shaikh Abdul Raheman Shaikh Sattar,

3) Shaikh Nadim S/o Abdul Raheman,

4) Shaikh Sameer Shaikh Abdul Raheman,

5) Shaikh Nilofer W/o Nadim Shaikh,

6) Shaikh Farida W/o Abdul Raheman ...APPLICANTS

VERSUS

1) The State of Maharashtra,

2) Shaikh Najim Shaikh Nayyum ...RESPONDENTS ...

Mr. Hrishikesh V. Tungar Advocate for Applicants. Mr. A.M. Phule, A.P.P. for Respondent No.1.

Mr. Umesh M. Indani Advocate for Respondent No.2. ...

CORAM: SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.

DATE : 11th MARCH, 2025 ORDER [PER SMT. VIBHA KANKANWADI, J.] :

1.

Present Application has been filed for quashing the

proceedings in R.C.C. No. 295 of 2022 pending before the learned Judicial Magistrate First Class, Georai, District-Beed arising out of the First Information Report (for short "the FIR") vide Crime No. 95 of 2022 registered with Chaklamba Police Station, Taluka-Georai, District-Beed for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code.

2.

The matter appears to have been compromised between the applicants and respondent No.2.

3.

It appears that as per order dated 14th March 2023, as against applicant No.1 the Application was withdrawn when disinclination was shown by this Court to grant any relief. However, later on the compromise has taken place. The terms have been produced on 30th September 2024 and they have been got verified also on that day through the learned Registrar (Judicial). A year prior to 30th September 2024, respondent No.2 has resumed her cohabitation with applicant No.1. Under said circumstance, we recall the order dated 14th March 2023 passed by this Court against applicant No.1.

4.

As the matter arose out of matrimonial dispute and now the husband and wife appears to be residing happily, we have no hesitation in exercising our jurisdiction under Section 482 of the Code of Criminal Procedure. Hence, the following order:-

O R D E R

(I) The Application stands allowed.

(II) The proceedings in R.C.C. No. 295 of 2022 pending before the learned Judicial Magistrate First Class, Georai, District-Beed arising out of the First Information Report vide Crime No. 95 of 2022 registered with Chaklamba Police Station, TalukaGeorai, District-Beed 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 6 i.e. - 1) Shaikh Nayyum S/o Abdul Raheman,

2) Shaikh Abdul Raheman Shaikh Sattar, 3) Shaikh Nadim S/o Abdul Raheman, 4) Shaikh Sameer Shaikh Abdul Raheman, 5) Shaikh Nilofer W/o

Nadim Shaikh and 6) Shaikh Farida W/o Abdul Raheman.

(III) Applicant No.1 to deposit cost of Rs.5000/- to the High Court Legal Services Sub Committee, Aurangabad within a period of two weeks from today.

(IV) Place the matter for compliance on 3rd April 2025. [SANJAY A. DESHMUKH] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/MAR25