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Bombay High Court

Rizwana W/O Muddasir Soudagar And ... vs The State Of Maharashtra And Another on 13 March, 2024

Author: Mangesh S. Patil

Bench: Mangesh S. Patil

2024:BHC-AUG:5687-DB

                                               1

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD

                       1038 CRIMINAL APPLICATION NO. 2890 OF 2023
                   RIZWANA W/O MUDDASIR SOUDAGAR AND OTHERS
                                      VERSUS
                      THE STATE OF MAHARASHTRA AND ANOTHER
                                                .....
                           Advocate for Applicant : Mr. Patel Fayaz K.
                          APP for Respondent No. 1 : Mr. G.A. Kulkarni
                          Advocate for Respondent No. 2 : Mr. G.R. Syed
                                     h/f. Mr. Valse Vikrant S.
                                                ...
                                      CORAM : MANGESH S. PATIL &
                                                     SHAILESH P. BRAHME, JJ.
                                      DATE         : 13 MARCH 2024

              PER COURT :

Leave granted to add husband of respondent no. 2 as a co- applicant. Amendment to be carried out forthwith.

2. At the joint request of the parties and since the crime was registered pursuant to the matrimonial discord, the dispute was referred for mediation. We have received mediation report. Mediation was successful. The joint compromise is annexed to the report. The couple seem to have agreed upon inter alia to sever the matrimonial status and obtained Khula. Respondent no. 2 has agreed for quashment of the crime.

3. Apart from the present crime several other litigation in the form of proceedings under the Domestic Violence Act, Section 125 of Cr.P.C. have also been amicable settled.

2

4. We see no impediment in conceding to the request.

5. The application is allowed. FIR No. 401 of 2023 registered with Vivekanand Chowk Police Station, Latur, Taluka and District Latur, for the offences punishable under Sections 498-A, 323, 504, 506, 34 of the Indian Penal Code and consequential Charge-sheet no. 237 of 2023 and Regular Criminal Case No. 1377 of 2023, pending before the learned 2nd Judicial Magistrate First Class, Latur, are quashed and set aside. [ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] Thakur-Chauhan/-