Bombay High Court
Mohammed Ambiya S/O. Mohammed Ismail vs The State Of Maharashtra And Another on 17 April, 2023
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
{1} CRI APPLN 3253 OF 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
96 CRIMINAL APPLICATION NO.3253 OF 2022
1. Shaikh Reshma D/o. Mohd. Ismail Shaikh @
Reshma Begum W/o. Shaikh Taslim
2. Shaikh Taslim S/o. Shaikh Abdul Razzak
3. Saheda Begum W/o. Mohd. Ismail Shaikh
4. Shabana Begum W/o. Mohd. Fazaloddin ..Applicants
VERSUS
1. The State of Maharashtra
2. Sanobar Begum W/o. Mohd. Ambiya ..Respondents
...
WITH
CRIMINAL APPLICATION NO.4186 OF 2022
. Mohammed Ambiya S/o. Mohammed
Ismail ..Applicant
VERSUS
1. The State of Maharashtra
2. Sanobar Begum W/o. Mohd. Ambiya ..Respondents
...
Advocate for Applicants : Mr.Shinde Dhananjay M.
APP for Respondent No.1 : Mr.S.D.Ghayal
Advocate for Respondent No.2 : Mr. R.K. Ingole
...
CORAM : MANGESH S. PATIL &
ABHAY S. WAGHWASE, JJ.
DATE : 17 April 2023 PER COURT :- . Husband and in-laws of respondent no.2, by way of these
two separate applications, are seeking quashment of Crime ::: Uploaded on - 19/04/2023 ::: Downloaded on - 20/04/2023 08:03:43 ::: {2} CRI APPLN 3253 OF 2022 No.132 of 2022 registered at Itwara Police Station, Dist.Nanded, for the ofence punishable under Sections 307, 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code (IPC).
2. Applicant husband and respondent no.2 wife in Criminal Application No.4186 of 2022 seem to have settled the dispute amicably. Their learned Advocates place on record terms of compromise duly signed and verifed by each of them.
3. It has been mentioned in the terms of compromise about there being Khula pursuant to such amicable settlement and agreeing for quashment of the FIR.
4. The learned APP submits that the ofence is punishable under Section 307 of the IPC. The husband has attempted to throttle respondent no.2 within a week of the marriage.
5. We have considered the papers and even the injury certifcate which mentions about couple of simple blunt traumas around neck and back. The marriage was performed on 20-05-2022 and the dispute seems to have started immediately in the frst week itself. The alleged incident of throttling is stated to have taken place on 27-05-2022 and the FIR has been lodged on 01-06-2022.
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{3} CRI APPLN 3253 OF 2022
6. The very fact that the parties have now obtained a Khula and have resolved to settle the dispute including quashment of the present crime, we are of the frm view that in the peculiar facts and circumstances, no public policy is involved and the amicable settlement is in furtherance of the settlement arrived at between the parties.
7. Both the applications are allowed. Crime No.132 of 2022 registered with Itwara Police Station, District Nanded for the ofence punishable under Sections 307, 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, to the extent of applicants in both these applications, is quashed and set aside.
( ABHAY S. WAGHWASE ) ( MANGESH S. PATIL )
JUDGE JUDGE
SPT
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