Shahnaz Begam Ausuf Shaikh And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:27244-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 13 CRIMINAL APPLICATION NO.3912 OF 2023 Shahnaz Begam Ausuf Shaikh, Age 73 yrs., Occ. Nil, R.o Mastgad Road, Miya Darga Parisar, Jalna.
Aslam Shaikh Ausaf Shaikh, (wrongly mentioned in FIR and charge sheet as "Shaikh Pappu Shaikh Ausaf") Age 35 yrs., Occ. Business, R/o Plot No.24, S.No.23/2B/H, Satara Gaon Road, Aurangabad.
Akramhusen Ausapehusen, (wrongly mentioned in FIR and charge sheet as "Akram Shaikh Ausaf") Age 43 yrs., Occ. Labour, R/o Mastgad Road, Miya Darga Parisar, Jalna.
Shaikh Khuram Shaikh Ausaf, Age 43 yrs., Occ. Labour, R/o Plot No.58, Gat No.92, Aburai Nagar, Satara Parisar, Aurangabad.
... Applicants ... Versus ...
The State of Maharashtra Home Department, Mantralaya, Mumbai - 32.
Nasrin Shaikh w/o Khuram, Age 30 yrs., Occ. Household,
R/o Rafik Colony, Bhokardan, Dist. Jalna.
... Respondents ...
Mr. T.R. Quadri, Advocate for applicants Mr. A.D. Wange, APP for respondent No.1 Mr. R.P. Totala, Advocate h/f Mr. Y.G. Somani, Advocate for respondent No.2 ...
CORAM :
SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.
DATE :
23rd SEPTEMBER, 2025 ORDER :
.
Present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashment of the proceedings in Regular Criminal Case No.282/2023 pending before learned Judicial Magistrate First Class, Bhokardan, Tq. Bhokardan, Dist. Jalna, arising out of First Information Report vide Crime No.318/2023 dated 08.06.2023 registered with Police Station, Bhokardan, Tq. Bhokardan, Dist. Jalna, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860.
All the accused persons, who have been named in First Information Report and charge sheet, are the applicants before us. It is not in dispute that respondent No.2 got married to applicant No.4 on 15.12.2008. 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 16.07.2025. Respondent No.2 has now decided to bury the differences and has given no objection for quashment of the proceedings. Since the dispute that arose was matrimonial dispute and now the parties i.e. applicant No.4 and respondent No.2 have decided to part, 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.282/2023 pending before learned Judicial Magistrate First Class, Bhokardan, Tq. Bhokardan, Dist. Jalna, arising out of First Information Report vide Crime No.318/2023 dated 08.06.2023 registered with Police Station, Bhokardan, Tq. Bhokardan,
Dist. Jalna, 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) Shahnaz Begam Ausuf Shaikh, 2) Aslam Shaikh Ausaf Shaikh (Shaikh Pappu Shaikh Ausaf), 3) Akramhusen Ausapehusen (Akram Shaikh Ausaf) and 4) Shaikh Khuram Shaikh Ausaf. ( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd