Dismissed

Naved Altaf Shaikh and Others v. the State of Maharashtra and Another

Bombay HC27 Apr 2023APPLN/434/2023

Case brief

AI extract

What is this about?

The High Court of Bombay at Aurangabad allowed an application to quash criminal proceedings arising from matrimonial discord. The court held that since the parties resumed cohabitation and settled disputes, the settlement was not against public policy, warranting quashing of the FIR and related case.

What did the court decide?

FIR No. 543/2021 and connected case no. RCC No. 1302/2021 under sections 498-A, 323, 504, 506 r/w 34 of IPC were quashed and set aside.

Naved Altaf Shaikh and Others Vs the State of… — Matrimonial and Divorce | Bombay HC (2023)

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910-CriAppln-434-2023

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

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910 CRIMINAL APPLICATION NO. 434 OF 2023

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NAVED S/O ALTAF SHAIKH AND OTHERS
VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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Advocate for Applicants : Mr. Imran Khan Guftar Khan Durrani
Addl.PP for Respondent No.1-State : Mrs. M. A. Deshpande
Advocate for Respondent No.2 : Mr. V. C. Patil Ashtekar

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CORAM :MANGESH S. PATIL AND
ABHAY S. WAGHWASE, JJ.

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DATED :27 APRIL 2023

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PER COURT :-

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1. Learned Advocate Mr. V. C. Patil Ashtekar submits that he has instructions to appear on behalf of respondent no.2 and submits that he would file vakalatnama during the course of the day.

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2. Learned Advocate for the applicants is also present.

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3.The applicant no.1 and respondent no.2 tender across the bar a
compromise pursis duly signed by them and their Advocates and
sworn in before the Section Officer of this court, inter alia mentioning
about both of them having resumed cohabitation and having decided
to settle all the disputes. Respondent no.2 has also given express
consent for quashing of the crime.

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910-CriAppln-434-2023

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4. We have heard both sides and the learned APP.

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5. Since the offence was registered as a sequel to a matrimonial discord which now stands patched up by way of resumption of cohabitation, the settlement cannot be said to be against public policy.

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6. The application is allowed.

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7.FIR No. 543 of 2021 registered with Kotwali Police Station,
Ahmednagar for the offences punishable under sections 498-A, 323,
504, 506 r/w 34 of IPC and the criminal case arising out of it bearing
R.C.C. No. 1302 of 2021 pending on the file of Additional Chief
Judicial Magistrate, Ahmednagar are quashed and set aside.

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[ABHAY S. WAGHWASE, J.] [MANGESH S. PATIL, J.]

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vre

Naved Altaf Shaikh and Others v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Naved Altaf Shaikh and Others v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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