Sameera Fatema W/O Gaulam Gaus Pathan v. State Of Maharashtra Thr Pso, Ps Gittikhadan
1/3 909.APL.134.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 134 OF 2026 (Sameera Fatema Mukhtar Ahmad w/o Gaulam Gaus Pathan & Anr. V/s The State of Maharashtra & Anr.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Muzammil Hussain, Advocate for Applicants. Mr. A. M. Ghogre, APP for Non-applicant No.1. Mr. Syed Salman Ali, Advocate for Non-applicant No.2.
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CORAM
:
PRAVIN S. PATIL, J.
DATE :
JANUARY 30, 2026.
.
Heard. Issue notice to the Non-applicants.
2.
Mr. Ghogre, the learned APP waives service of notice on behalf of the Non-applicant No.1 and Mr. Syed Salman Ali, learned Counsel, waives service of notice on behalf of Nonapplicant No.2. 3.
With consent of the parties, matter is taken up for final disposal in view of the affidavit filed by the Non-applicant No.2 and the fact that compromise is already took place between the parties in the matter.
4.
In the present case, Applicants are seeking quashment of the proceeding bearing Regular Criminal Case No. 4178/2025 pending on the file of Judicial Magistrate First Class, Nagpur and the Chargesheet arising out of Crime No. 168/2024 for the offence punishable under Sections 389, 420, 467, 471, 494, 504, 506(B),
2/3 909.APL.134.2026.odt 294, 342, 502, 406, 120B and 201 of Indian Penal Code registered with Police Station, Gittikhadan, Nagpur.
5.
It is pointed out that the alleged offence is arising out of the matrimonial dispute between the parties. However, during the pendency of the present Application, the parties decided to amicably settle the dispute. As such, the Applicant No.1 and Nonapplicant No. 2 decided to lead a happy married life, and accordingly, on certain terms and conditions they have executed the compromise deed dated 16/1/2026.
6.
The Non-applicant No.2 who appeared suo mottu in the matter has filed reply stating that they have executed settlement deed and want to lead happy married life with the Applicant No.1 for their better future as well as future of the minor daughter.
7.
Both the Applicant and Respondent No.2 are present in the Court. The learned respective Counsel have identified the Applicant and Respondent No.2. On Court query they have stated that they have agreed to resolve their dispute. 8.
In view of the law laid down by the Hon'ble Supreme Court in the case of B. S. Joshi and Others V/s State of Haryana and Another, (2003) 4 Supreme Court Cases 675, there is no impediment to allow the settlement between the parties, if it is arising out of the matrimonial dispute.
9.
In view of above, Criminal Application is allowed.
3/3 909.APL.134.2026.odt 10.
The proceeding bearing Regular Criminal Case No. 4178/2025 pending on the file of Judicial Magistrate First Class, Nagpur and the Chargesheet arising out of Crime No. 168/2024 for the offence punishable under Sections 389, 420, 467, 471, 494, 504, 506(B), 294, 342, 502, 406, 120B and 201 of Indian Penal Code registered with Police Station, Gittikhadan, Nagpur is hereby quashed and set aside. No order as to costs. 11.
Since the Criminal Application is allowed, pending Criminal Application (APPP) No. 270/2026 does not survive. The same stands disposed of accordingly.
[PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 04/02/2026 11:52:32