Bombay High Court
Sadam Mefuz Khan And Ors vs The State Of Maharashtra And Anr on 16 February, 2024
Bench: Prakash D. Naik, N.R.Borkar
2024:BHC-AS:8157-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1657 OF 2023
Sadam Mefuz Khan and others Applicants
versus
The State of Maharashtra and another Respondents
Mr.Parag S. Mishra with Niraj K. Tripathi, Advocate for Applicants.
Mrs.M.M.Deshmukh, Additional P.P for State.
Mr.Jeetandra K. Rajguru i/by Taha Khan for Respondent no.2.
API Suhel Pathan, Kashimira Police Station, present.
CORAM : PRAKASH D. NAIK AND
N.R.BORKAR, JJ.
DATE : 16th February 2024
PC :
1. Applicants are chargesheeted for the offences under Sections
498-A, 354, 323, 324, 504, 506 r/w 34 of Indian Penal Code and the
proceedings are pending in the Court of 4 th Joint Civil Judge and
Judicial Magistrate First Class, Thane vide R.C.C No.1123 of 2023.
The FIR was registered at the instance of Respondent no.2 on 9 th
August 2022 vide FIR No.551 of 2022 with Kashimira Police Station,
Thane, for the aforesaid offences. The parties have resolved the
dispute. It is jointly prayed that proceedings be quashed and set
aside with the consent of complainant.
2. The proceedings under Protection of Women from Domestic
Violence Act were initiated by Respondent no.2 in the Court of
Metropolitan Magistrate, 59th Court, Kurla, Mumbai. In view of
settlement between parties, Consent Terms were filed in the said
Court on 29th November 2023. In view of the terms stipulated in the
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Consent Terms, the complainant has no objection for quashing the
impugned proceedings.
3. Respondent no.2 has also filed affidavit dated 22 nd January
2024 stating that matrimonial discord between Respondent no.2/
complainant and Applicants has been resolved amicably and they
have jointly filed Consent Terms in the proceedings under Domestic
Violence Act. Respondent no.2 is present in the Court. She has
admitted the contents of affidavit and consent terms. She has
expressed her no objection for quashing the proceedings.
4. Considering the fact that parties have amicably settled the
dispute, the prayers sought in the application can be granted.
ORDER
(i) Criminal Application is allowed and disposed off;
(ii) The proceedings in R.C.C No.1123 of 2023 pending before 4 th Joint Civil Judge and Judicial Magistrate First Class, Thane arising out of FIR No.551 of 2022 registered with Kashimira Police Station, District Thane, are quashed and set aside.
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