Bombay High Court
Sayyad Shabbir S/O Moti Bagwan And ... vs The State Of Maharashtra And Others on 16 November, 2022
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
939.APPL.2162.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2162 OF 2020
SAYYAD SHABBIR S/O MOTI BAGWAN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Applicants : Mr. Patil Milind M. (Beedkar)
APP for Respondents: Mr. M.M. Nerlikar
...
CORAM : MANGESH S. PATIL AND
ABHAY S. WAGHWASE, JJ.
DATE : 16.11.2022 PER COURT :
Leave granted to amend the prayer clause seeking quashment of the charge sheet which has been filed in the meantime. Leave is also granted to add husband of the respondent No.3 as respondent No.4. Amendment to be carried out forthwith.
2. The applicants are seeking quashment of the Crime No.386 registered with Kranti Chowk Police Station, Aurangabad for the offence punishable under Section 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code registered on the basis of FIR lodged by the respondent No.3 who happens to be the wife of the respondent No.4. The applicants are the relatives of the husband.
3. It appears that the husband and wife that is the respondent Nos.3 and 4 have entered into a compromise. There is a Khula. Mehar and 1/2 ::: Uploaded on - 17/11/2022 ::: Downloaded on - 17/11/2022 22:31:36 :::
939.APPL.2162.2020.odt Iddat amount has been exchanged and they have resolved to get the crime quashed. Pursuant to the directions of this Court the couple had been to the Registrar Judicial who has verified the compromise and the settlement terms as per his report dated 20.09.2022.
4. Taking into account the aforementioned facts and circumstances, when no public sentiment is involved and the parties have amicably settled the dispute arising out of matrimonial ties, we find no sufficient and cogent reason not to concede to their request for quashment of the crime.
5. We allow the application and quash and set aside the Crime No.386 registered with Karanti Chowk Police Station, Aurangabad and the charge sheet.
(ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.) habeeb 2/2 ::: Uploaded on - 17/11/2022 ::: Downloaded on - 17/11/2022 22:31:36 :::