Sadique Ali Syed Shaukat Ali And Others v. The State Of Maharashtra, Thr. Pso, Ps Gittikhadan, Nagpur City And Another

2026:BHC-NAG:3381 1/3 36-APL-280-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 280 OF 2026 1.

Sadique Ali Syed Shaukat Ali Aged:75 years, Occ: Retired 2.

Shaista Jabeen Aged: 72 years, Occ: Housewife 3.

Syed Saif Jibran Aged: 37 years, Occ: private All R/o Kaveri Chakki Plot No. 85/B Gandhi Layout B/H Police Line Takli, Katol Road, Nagpur-440013 ... APPLICANTS V E R S U S 1.

The State of Maharashtra, Through Police Station Officer, Police Station Gittikhadan, Nagpur City 2.

Areefa Naim Syed, Aged about: 27 years, Occu: Housewife, R/o. Kaveri Chakki Plot No. 85/B Gandhi Layout B/H Police Line Takli, Katol Road, Nagpur-440013 ... RESPONDENTS Mr. Opai Mohd. Naveed Mohd. Parvez, Advocate for Applicants. Mr. A. M. Ghogre, APP for Respondent No.1.

Ms Sangita Das, Advocate for Respondent No.2. CORAM : PRAVIN S. PATIL, J.

DATE : FEBRUARY 25, 2026.

ORAL JUDGMENT :

2/3 36-APL-280-2026.odt 1.

Heard. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for both sides. 2.

By this application, father-in-law and brother-in-law of the respondent No.2 approached before this Court for seeking quashing of the proceedings registered vide Crime No. 705 of 2025 for the offence punishable under Sections 74, 118(1), 351(2), 3(5) of the Bharatiya Nyaya Sanhita Act, 2023. 3.

During the pendency of the present application, as this dispute between the parties had arisen out of matrimonial discord, the matter is amicably settled between them 4.

The respondent No.2, who is present in the Court, has filed an affidavit dated 16th February 2026 stating that, due to certain misunderstandings and matrimonial discord between the parties, she had lodged the complaint against the present applicants. She has further stated that she has a small child and wishes to lead a peaceful and happy life and therefore, she has amicably settled the dispute with the present applicants. She has expressed that she does not wish to prosecute the present matter and is willing to withdraw the complaint.

5.

It would be appropriate to refer to the judgment of the Hon'ble Supreme Court of India in the case of Narinder Singh v. State of Punjab, reported in (2014) 6 SCC 466, wherein the Hon'ble Supreme Court has held that where

3/3 36-APL-280-2026.odt the dispute is between family members and has been amicably settled, particularly when arising out of matrimonial discord, the Court may accept the settlement and exercise its inherent powers to quash and set aside the criminal proceedings which is a subject matter before the Court. 6.

In view of the affidavit filed by respondent No.2 and statement made by her before this Court, there appears to be no legal impediment in quashing and setting aside the proceedings registered against the present applicants. Hence, I proceed to pass the following order:

ORDER

(i) Application is allowed.

(ii) The RCC No. 781 of 2026 arising out of Crime No. 705 of 2025 for the offence punishable under Sections 74, 118(1), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 against the present applicants is hereby quashed and set aside.

7.

Application stands disposed of. No order as to costs. 8.

Pending applications, if any, stand disposed of. [PRAVIN S. PATIL, J.] MJ Jadhav