Faiyaz Iqbal Shaikh And ORS v. The State Of Maharashtra And ANR
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1584 OF 2025 Faiyaz Iqbal Shaikh and others .....Petitioners
Versus
The State of Maharashtra and another .....Respondents ----- Mr. Kiran Yadav, Advocate for the Petitioners. Smt. M.H. Mhatre, APP for the Respondent No.1-State. Ms. Jannat K. Yadav, Advocate for the Respondent No.2. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.
DATE : 28th MARCH, 2025 P.C. :
1.
This is a Petition for quashing of the FIR registered vide C.R. No.861/2021 at Mumbra police station, Thane on 2.9.2021 and the resultant criminal prosecution being C.C. No.200/2022 pending before the J.M.F.C. Thane under Sections 498-A, 354, 323, 420, 504, 506(2) read with 34 of IPC.
2.
Heard Mr. Kiran Yadav, learned counsel for the Petitioners, Smt. M.H. Mhatre, learned APP for the Respondent No.1-State and Ms. Jannat Yadav, learned counsel for the by PRADIPKUMAR PRAKASHRAO DESHMANE Date:
2025.04.02 19:07:47 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE Respondent No.2.
Deshmane(PS)
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3.
The FIR is lodged by the Respondent No.2. The Petitioner No.1 was her husband. The Petitioner Nos.2 & 3 were his parents and the Petitioner No.4 is his brother. The FIR lodged by the Respondent No.2 mentions that she got married with the Petitioner No.1 on 3.4.2021. After that there are many allegations of ill-treatment and harassment.
There was physical incompatibility and sometimes she was subjected to physical relations against her wish. On one occasion, the father-in-law had held her hand thereby outraging her modesty. The husband was having vices. The Petitioners harassed her on the demand of Rs.5 Lakhs. On these allegations, the FIR is lodged. The charge-sheet contains statements of brother, mother and sister of the first informant. They have supported her case.
4.
Now the parties have settled the matter. The Respondent No.2 has filed affidavit giving her specific consent for quashing of the proceedings. She has stated that she has settled the matter with the Petitioner No.1 before the Family Court and she has received the amount as decided by the parties. 5.
The Respondent No.2 is present before the Court. She
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is identified by her learned counsel. She stated before the Court that she has received the amount as agreed and she has no grievance against any of the Petitioners. She reiterated the contents in the affidavit.
6.
The dispute is purely personal in nature. The society at large is not involved. The parties have settled the matter to the satisfaction of the Respondent No.2. No purpose would be served in continuing with the criminal prosecution. Therefore, we are inclined to allow this Petition.
7.
Hence, the following order:
:: O R D E R ::
i.
The FIR being C.R. No.861/2021 registered at Mumbra police station, Thane as well as the resultant criminal prosecution being C.C. No.200/2022 pending before the J.M.F.C. Thane, are quashed and set aside.
ii.
The Petition is disposed of accordingly.
( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS)