Bombay High Court
Ajaj Mustafa Sheikh And Others vs The State Of Maharashtra, Through ... on 29 March, 2016
Author: B.R. Gavai
Bench: B.R. Gavai, Swapna Joshi
1 APL.219.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 219 OF 2016.
1] Ajaj Mustafa Sheikh,
Aged about 29 years, Occ.
Private work,
2] Mustafa Shakoor Sheikh,
Aged about 61 years, Occ. Nil,
3] Mrs. Afsana Mustafa Sheikh,
Aged about 55 years, Occ.
Household work,
4] Riyaz Mustafa Sheikh,
Aged about 28 years, Occ.
Business.
Applicant Nos. 1 to 4 are R/o Plot
No. 51, Kohde Layout, Wadi,
Tq. & Distt. Nagpur.
5] Rashmi w/o Ajaj Sheikh,
(Rashmi D/o Rafique Sheikh
Mansori), Aged about 25 years,
Occ. Household work, R/o Zakie
Hussain Ward, Tiroda, Tah.
Tiroda, Dist. Gondia.
(Original Complainant). .... APPLICANTS.
....Versus....
The State of Maharashtra, through
Police Station Officer, Police
Station, Tiroda, Tah. Tiroda,
Dist. Gondia. ..... NON-APPLICANT
Mr. A.B. Mirza, Advocate for applicants,
Mrs. S.S. Jachak, Additional Public Prosecutor for non-applicant.
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2 APL.219.16.odt
CORAM : B.R. GAVAI & MRS. SWAPNA JOSHI, JJ.
DATED : MARCH 29, 2016.
ORAL JUDGMENT (PER B.R. GAVAI, J.)
1] Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties finally by consent.
2] The applicants have approached this Court for quashing and setting aside the F.I.R. No. 39/14 registered for the offences punishable under Sections 498-A, 494, 504, 506 read with Section 34 of the Indian Penal Code and consequential Regular Criminal Case No. 29/15 pending before the learned J.M.F.C., Tiroda and for setting aside Misc. Criminal Application No. 39/14, Regular Criminal Complaint Case No. 158/14 and Special Civil Suit No. 63/14.
3] The applicant No.1 was married to applicant no.5 on 15.1.2013 at Tiroda. The applicant no.1 and applicant no.5 are blessed with one daughter, aged 2 years out of the said wedlock.
However, it appears that subsequently differences arose between the applicant no.1 and applicant no.5. On account of the said matrimonial discord, the FIR for the offences punishable under Sections 498-A, etc. came to be lodged by applicant no.5 against the ::: Uploaded on - 01/04/2016 ::: Downloaded on - 31/07/2016 10:54:12 ::: 3 APL.219.16.odt applicant no.1 and his relatives, who are applicant nos. 2 to 4. It further appears that in the said proceedings charge-sheet came to be filed and Regular Criminal Case No. 29/15 is pending before the learned J.M.F.C., Tiroda against the applicant nos. 1 to 4.
4] It further appears that various criminal proceedings were also instituted at the instance of applicant no.5 against applicant no.1 and his relatives. However, during the pendency of the aforesaid proceedings, the applicant nos. 1 & 5 have amicably settled their dispute. They have agreed to dissolve their marriage as per the Muslim Law. It has further been agreed that the child born out of the wedlock will be with applicant no.1 and his family.
5] The Apex Court in the case of B.S. Joshi and others .vs. State of Haryana and another reported in (2003) 4 SCC 675 has held that if the matrimonial dispute has been settled between the parties, this Court can exercise powers under Section 482 of the Criminal Procedure Code to quash and give an end to the criminal proceedings.
6] We find that since the matter is amicably settled between the parties, it will be in the interest of justice to give an end to various ::: Uploaded on - 01/04/2016 ::: Downloaded on - 31/07/2016 10:54:12 ::: 4 APL.219.16.odt criminal proceedings pending before the different Courts. The applicant No.1 as well as the applicant No. 5 are personally present in the Court and they reiterate about their settlement.
7] In the result, the Criminal Application is allowed. Rule is made absolute in terms of prayer clauses (b) & (c).
8] In view of the above, Criminal Application (APPP) No. 390/16 does not survive and stands disposed of.
JUDGE. J
UDGE.
J.
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