Shaikh Rizwan Mohmmad Salim and Others v. the State of Maharashtra through the Investitation Office and Another
Case brief
What is this about?
Quashing of FIR in matrimonial/498-A dispute after divorce by Khulanama and civil decree; complainant's affidavit-in-reply recording separation, divorce and no objection to quashing; continuation held abuse of process of law; application allowed in terms of prayer clause (B). Keywords: quashing of FIR; Sections 498-A, 323, 504, 506 r/w Section 34 IPC; matrimonial dispute; Khulanama; affidavit-in-reply; no objection by complainant; abuse of process of law; prayer clause (B); Yawal Police Station, District Jalgaon; charge-sheet No. 91/2023 dated 29.07.2023; R.C.C. No. 144/2023; Judicial Magistrate First Class Yawal/Yaval; R.C.S. No. 174/2024, Civil Judge Junior Division Bhusawal; Criminal Application No. 1077 of 2024; Aurangabad Bench, Bombay High Court; leave to amend per Supreme Court order 03.09.2025 in Pradnya Pranjal Kulkarni (SLP (Cri.) 13424/2025).
What did the court decide?
Quashing and setting aside of First Information Report C.R. No. 75/2023 registered with Yawal Police Station, Dist. Jalgaon, the consequent charge-sheet No. 91/2023 dated 29.07.2023, and the criminal proceeding arising therefrom bearing R.C.C. No. 144/2023 pending before the learned Judicial Magistrate, First Class, Yaval, in terms of prayer clause (B); the application accordingly disposed of.