Moh. Afifuddin Shaikh Moh. Nasiruddin Alias Moh. Afifuddin Moh. Nasiruddin v. The State Of Maharashtra And Another

2025:BHC-AUG:37389-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1073 CRIMINAL APPLICATION NO.4115 OF 2025 Mohammad Afifuddin Shaikh Mohammad Nasiruddin (Mohammad Afifuddin Mohammad Nasiruddin), Age 31 yrs., Occ. Private Service, R/o Maghribi Compound, Near Railway Station, Chhatrapati Sambhajinagar, Tq. & Dist. Chhatrapati Sambhajinagar.

Shaikh Mehrunisa Mohammad Nasiruddin, (Meherbegum Mohd. Nasiroddin), Age 55 yrs., Occ. Household, R/o as above.

Seema Kausar w/o Shaikh Mujeeb (Seema Kausar), Age 34 yrs., Occ. Household, R/o Kazi Mohala, Nehru Chowk, Paithan, Tq. Paithan, Dist. Chhatrapati Sambhajinagar.

Shaikh Mujeeb Jamil Ahmed (Shaikh Mujeeb), Age 37 yrs., Occ. Lab Technician, R/o as above.

Fatema Anjum Shaikh Kanis, Age 35 yrs., Occ. Assistant Teacher, R/o Magribi Compound, Chhatrapati Sambhajinagar, Tq. & Dist. Chhatrapati Sambhajinagar.

Kanis Musa Shaikh (Anis Shaikh), Age 37 yrs., Occ. Assistant Teacher, R/o Magribi Compound,

Chhatrapati Sambhajinagar, Tq. & Dist. Chhatrapati Sambhajinagar.

... Applicants ... Versus ...

The State of Maharashtra Through In-charge Police Officer, Police Station, Osmanpura, Chhatrapati Sambhajinagar, Tq. & Dist. Chhatrapati Sambhajinagar.

Farha w/o Mohammad Afifuddin Shaikh, Age 30 yrs., Occ. Teacher, R/o Shamsnagar Shahnurwadi, Dargah Road, Osmanpura, Chhatrapati Sambhajinagar, Tq. & Dist. Chhatrapati Sambhajinagar.

... Respondents ...

Mr. G.R. Syed, Advocate for applicants Mr. S.B. Pulkundwar, APP for respondent No.1 Mr. Rahil Kazi, Advocate for respondent No.2 ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

19th DECEMBER, 2025 ORDER :

( PER : SMT. VIBHA KANKANWADI, J. ) .

Present application has been filed under Section 528 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 for quashment of the proceedings in Regular Criminal Case No.1601/2025 pending before learned Judicial Magistrate First Class, Aurangabad, arising out of First Information Report vide Crime No.61/2025 dated 24.03.2025 registered with Police Station, Osmanpura, Tq. & Dist. Chhatrapati Sambhajinagar, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860.

The parties have compromised the matter. The compromise pursis, which is containing the terms, has been produced on record. Terms of compromise have been got verified through Registrar (Judicial) and learned Registrar (Judicial) has submitted his report dated 08.12.2025. As per the said terms of settlement, respondent No.2 and applicant No.1 have decided to bury the differences and respondent No.2 - informant has given no objection for quashment of the proceedings. Since the dispute that arose was matrimonial dispute and now respondent No.2 has no objection for quashing the proceedings, there is no hurdle in allowing the application. Hence, following order.

ORDER

i) Criminal Application stands allowed.

ii) The proceedings in Regular Criminal Case No.1601/2025 pending before learned Judicial Magistrate First Class, Aurangabad, arising out of First Information Report vide Crime No.61/2025 dated 24.03.2025 registered with Police Station, Osmanpura, Tq. & Dist. Chhatrapati Sambhajinagar, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, stands quashed and set aside as against applicants viz. 1) Mohammad Afifuddin Shaikh Mohammad Nasiruddin (Mohammad Afifuddin Mohammad Nasiruddin), 2) Shaikh Mehrunisa Mohammad Nasiruddin (Meherbegum Mohd. Nasiroddin),

3) Seema Kausar w/o Shaikh Mujeeb (Seema Kausar), 4) Shaikh Mujeeb Jamil Ahmed (Shaikh Mujeeb), 5) Fatema Anjum Shaikh Kanis and 6) Kanis Musa Shaikh (Anis Shaikh).

( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) asb