Vasim Idrus Shaikh @ Wasim Idrus Shaikh And ORS v. State Of Maharashtra And ANR

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1830 OF 2024 Vasim Idrus Shaikh @ Wasim Idrus Shaikh & Ors.

..Applicants

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Abdul Wahab Shaikh a/w. Zoeb R. Qureshi for Applicants. Mr. Ajay Patil, APP for State/Respondent.

Mr. Shabbir Bagasrawala a/w. Adnan Khan Sakharkar for Respondent No.2.

__________ CORAM : SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.

DATE : 20 DECEMBER 2024 PC :

1.

The Applicants seek quashing of the criminal proceedings arising out of the F.I.R. registered vide the C.R.No.560 of 2022 at Mumbra police station, Thane, under sections 498A, 323, 406 and 504 r/w. 34 of the I.P.C.

2.

The Applicant No.1 is the husband of the Respondent No.2-first informant, the Applicant Nos.2 and 3 are the parents-inlaw, the Applicant No.4 is cousin sister of the Applicant No.1, the Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.12.20 16:06:30 +0530 VINOD BHASKAR GOKHALE

Applicant No.5 is husband of the Applicant No.4, the Applicant Nos.6 is the sisters of the Applicant No.1 and the Applicant No.7 is husband of the Applicant No.6.

3.

The Applicant No.1 and the Respondent No.2 were married on 01.11.2019 according to rites of Muslim religion. At the time of their marriage, the Respondent No.2's mother had gifted valuated ornaments and other household articles such as double bed, cupboard and other things. It is alleged by the Respondent No.2 in the F.I.R. that the applicants used to abuse her and make fun on her looks. They used to taunt her on petty things. On one occasion, her mother in law and husband had even given blows on her head while abusing her. She has narrated the illtreatment inflicted upon her by the Respondent No.2 in her F.I.R. Being fed up of the said illtreatment, the Respondent No.2 filed the impugned F.I.R. The investigation is complete. 4.

In the mean time, during the pendency of the proceedings, the parties have arrived at mutual and amicable settlement; pursuant to which, the Respondent No.2 has filed her

Affidavit dated 16.12.2024 duly affirmed before the Assistant Registrar, Appellate side of this Court. In paragraph-5 she has given her no objection to quash the criminal proceedings and the F.I.R. impugned herein. She is present in the Court and she reiterated her no objection to quash the proceedings. 5.

Considering that the dispute between the parties is purely personal in nature and there is nothing against the society at large. Moresoever, considering the fact that the Respondent No.2 has given her consent to quash the proceedings, we are inclined to allow this application.

6.

Hence, the following order:

O R D E R

i) The F.I.R. registered vide the C.R.No.560 of 2022 at Mumbra police station, Thane, under sections 498A, 323, 406 and 504 r/w. 34 of the I.P.C.

resulting in R.C.C.No.3358 of 2022 before the J.M.F.C., Thane, are quashed and set aside.

ii) The Application is disposed of.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)