Sayyad Gajanfair Awez Sayyad Azhar Husain and Others Vs the State of Maharashtra and Another

2 Present application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashment of First Information Report vide Crime No.593/2024 dated 02.12.2024 registered with Cantonment Police Station, Chhatrapati Sambhajinagar, Tq. & Dist. Chhatrapati Sambhajinagar, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860.

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3 All the accused persons, who have been named in First Information Report, are the applicants before us. It is not in dispute that respondent No.2 got married to applicant No.1 on 06.05.2024.

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3

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Cri.Appln_590_2025

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4 Prior to institution of present application, a petition bearing P.W.D.V.A. No.39/2025 was filed by respondent No.2 against applicants before learned Judicial Magistrate First Class, Aurangabad for compensation under the Protection of Women from Domestic Violence Act, 2005. During pendency of the said petition compromise took place between the parties and parties have filed compromise terms. The said terms of settlement have been got read and recorded by a competent Court and those terms can be considered here in the present matter also. The compromise term No.7 in the said petition reads as under -

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“ 6½ vtZnkj o xSjvtZnkj ua-1 nksUghgh ,d nql&;koj T;k dkgh dslsl rdzkjh dsY;k vlrhy R;k loZ ek?kkjh ?ksrhy o Hkfo";kr ,d nql&;koj dslsl] rdzkjh] iksVxh bR;knhlkBh dks.kR;kgh dslsl nk[ky dj.kkj ukghr- ”

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Accordingly, the petition was disposed of as withdrawn on 08.09.2025.

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5 It is, therefore, submitted on behalf of both parties that matter has been settled between them. As per the terms of settlement submitted before competent Court, respondent No.2 and applicant No.1 have decided to bury the differences and respondent No.2 - informant has given no objection for quashment of First Information Report and the proceedings. Since the dispute that arose was matrimonial dispute and now the parties i.e. applicant

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4 Cri.Appln_590_2025

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No.1 and respondent No.2 have decided to part, there is no hurdle in allowing the application. Hence, following order.

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ORDER

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i) Criminal Application stands allowed.

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ii) First Information Report vide Crime No.593/2024 dated 02.12.2024 registered with Cantonment Police Station, Aurangabad, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, stands quashed and set aside as against applicants viz. 1) Sayyad Gajanfar Awez Sayyad Azhar Husain , 2) Nazma Begum Sayyad Azhar Husain , 3) Sayyad Azhar Husain Sayyad Wahed , 4) Sayyad Saif Abrar s/o Azhar Husain and 5) Sayyada Ifra Azim d/o Sayyad Azhar Husain .

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( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. )

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agd

Sayyad Gajanfair Awez Sayyad Azhar Husain and Others v. the State of Maharashtra and Another

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Sayyad Gajanfair Awez Sayyad Azhar Husain and Others v. the State of Maharashtra and Another

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