Afroj Vajir Shah And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:28955-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CRIMINAL APPLICATION NO.4471 OF 2024 1.

Afroj Vajir Shah 2.

Ruqaiyya Afroj Shah 3.

Sakina Vajir Shaha 4.

Vajir Murad Shaha 5.

Firoz Vajir Shah 6.

Jasmin Firoz Shah .. Applicants

Versus

1.

The State of Maharashtra, Through Police Inspector, Begumpura Police Station, Aurangabad, Tq. & Dist. Aurangabad 2.

Rumana Begum Afroj Shah, Age:-31 years, Occu : Household, R/o Survey No.07, Plot No.18, Bhawsingpura, Aurangabad Tq. & Dist. Aurangabad .. Respondents ...

Mr. Tushar Shinde h/f Mr. Karan A. Gaikwad, Advocate for Applicants. Mr. A. V. Lavte, APP for Respondent No.1/State. Mr. J. S. Jain, Advocate for Respondent No.2. ...

CORAM : SMT. VIBHA KANKANWADI & ROHIT W. JOSHI, JJ.

DATE : 09 DECEMBER 2024 [1]

ORDER :

.

Present application has been filed for quashing the proceedings in R.C.C. No.561 of 2023 pending before learned Judicial Magistrate First Class, Aurangabad arising out of FIR vide Crime No.211 of 2022 dated 29.11.2024 registered with Begumpura Police Station, District Aurangabad for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code.

2.

During the pendency of the application and the proceedings it appears that there is amicable settlement out of the Court between the applicants and respondent No.2. Applicant No.1 is the husband and respondent No.2 is wife. Respondent No.2 has resumed the cohabitation with the husband since last one year. She has no objection for quashing the proceedings. 3.

Parties were directed to remain present before the learned Registrar (Judicial). They have reiterated the contents. Report has been submitted by learned Registrar (Judicial) on 03.12.2024. In view of the said fact, we find this to be a fit case where we can exercise our inherent powers under Section 482 of the Code of Criminal Procedure. Application therefore deserves to [2]

be allowed. Hence, the following order :-

ORDER

1) Criminal Application stands allowed.

2) The proceedings in R.C.C. No.561 of 2023 pending before learned Judicial Magistrate First Class, Aurangabad arising out of FIR vide Crime No.211 of 2022 dated 29.11.2024 registered with Begumpura Police Station, District Aurangabad for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, stands quashed and set aside as against the present applicants.

[ ROHIT W. JOSHI ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [3]