Abdul Matin Chand Tamboli And Others v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4204 OF 2019

1) Abdul Matin Chand Tamboli, Age-35 years, Occu:Service,

2) Shoeb Chand Tamboli, Age-28 years, Occu:Household,

3) Chand Babanbhai Tamboli, Age-65 years, Occu:Retired,

4) Julekha Chand Tamboli, Age-58 years, Occu:Housewife, All are R/at:Sayyed Nagar, Galli No.17, Mohammadwadi Road, Behind Aashia Masjid, Hadapsar, Pune-411028,'

5) Hasan Ahamed Tamboli, Age-About 45 years, Occu:Business,

6) Najiya Hasan Tamboli, Age-37 years, Occu:Household, R/o-S.No.27, Aadharsh Nagar, Hussain Shah Baba Chowk, Yerwada, Pune-411006.

...APPLICANTS

VERSUS

1) The State of Maharashtra, Through its Police Station, Tq-Ambad, Dist-Jalna,

2) Firdos Abdul Matin Tamboli, Age-Major, Occu:Household, C/o-Iliyas Tamboli, R/at:Jamkhed, Tq-Ambad, Dist-Jalna.

...RESPONDENTS

...

Mr.Harshal Prakash Randhir Advocate for Applicants. Mr.Y.G. Gujarathi, A.P.P. for Respondent No. 1. Mr.R.M. Gaikwad Advocate for Respondent No. 2. ...

CORAM: SUNIL P. DESHMUKH AND NITIN B. SURYAWANSHI, JJ.

DATE : 1st SEPTEMBER, 2021 ORDER :

1.

This application has been filed seeking quashing of the first information report at Crime No. 16 of 2016 registered with Ambad police station, Taluka-Jalna, District-Aurangabad for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, read with Sections 3 and 4 of the Dowry Prohibition Act and further proceedings in pursuance of the same bearing R.C.C. No.191/2019 pending before Judicial Magistrate, First Class, Ambad, Dist-Jalna. 2.

During the pendency of the application, the matter is amicably settled between the parties and the settlement is placed on record at Page No. 53 of the application. In terms of the settlement, the parties have agreed to withdraw all the proceedings filed against each other.

3.

Taking into consideration the fact that it is a matrimonial dispute which is amicably settled between the parties, we allow the application. The first information report at Crime No. 16 of 2016 registered with Ambad police station, Taluka-Jalna, DistrictAurangabad for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, read with Sections 3 and 4 of the Dowry Prohibition Act and further proceedings in pursuance of the same bearing R.C.C. No.191/2019 pending before Judicial Magistrate, First Class, Ambad, Dist-Jalna, are hereby quashed and set aside. 4.

Learned advocate Mr. R.M. Gaikwad, who has been appointed to represent respondent No. 2, be paid Rs.2,500/- (Rupees Two Thousand Five Hundred), as his legal fees and expenses, by the High Court Legal Services Sub-Committee, Aurangabad, within four weeks from today.

5.

Criminal application is allowed as above and disposed of, accordingly.

[NITIN B. SURYAWANSHI] [SUNIL P. DESHMUKH] JUDGE JUDGE asb/SEP21