Quashed

Shaikh Azahar Shaikh Akhtar and Ors. v. the State of Mah and Anr.

Bombay HC23 Apr 2012APPLN/4185/2011

Case brief

AI extract

What is this about?

In a criminal application regarding offences under Sections 498A, 323, and 504 IPC, the court observed that the parties had settled the dispute. The wife, who had filed the complaint, expressed a desire to withdraw it and noted their settlement and reconciled with the husband and child. Consequently, the court quashed the criminal case.

What did the court decide?

Criminal Case no. 1695 of 2010 stands quashed and Criminal Application disposed of.

Shaikh Azahar Shaikh Akhtar and Ors. Vs the State of… — Matrimonial and Divorce | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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Criminal Application NO.4185 OF 2011

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Shaikh Azahar S/o Shaikh Akhtar and
others.

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Applicants

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V E R S U S

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The State of Maharashtra and another

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Respondents

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Mr. S.A.G.Qureshi, Advocate for the applicants.
Mr. S.B. Pulkundwar, APP for respondent no.1/State.
Mrs. S.L. Awchar, advocate for respondent no.2.

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CORAM : A.V.NIRGUDE, J. DATE : 23^rd April, 2012

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PER COURT :

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Applicant no.1 and respondent no.2 are present in
person. They are husband and wife. Respondent no.2 had made
a complaint against applicant no.1 and his family members
for the offence under Sections 498A, 323, 504 r/w 34 of the
Indian Penal Code etc which came to be registered.

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2.Respondent no.2 now submits that she does not want to
continue the complaint which she made earlier. She said
that after the complaint was made, there was settlement
between the parties and she went to reside with her
husband, and now recently she has delivered a child. She
said that she has thus two children and she has been

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residing with applicant no.1-her husband. She said that she
is happily residing with him.

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3.Applicant no.1 also assured the Court that he would
behave properly and there would be no opportunity given to
respondent no.2 to make complaint against him or his family
members.

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4.In view of this, the parties to the criminal case have
settled their case. This is a matrimonial dispute and in my
view, the case arising from such dispute, can be quashed in
view of the settlement/compromise. The criminal case will
not result into conviction and it would waste the Court’s
time.

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5. Hence, Criminal Case no. 1695 of 2010 stands quashed.

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6. In view above, Criminal Application disposed of.

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( A.V.NIRGUDE, J. )

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SGA/

Shaikh Azahar Shaikh Akhtar and Ors. v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

Shaikh Azahar Shaikh Akhtar and Ors. v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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