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Maseeha Qasim Shaikh And Ors vs The State Of Maharashtra And Anr on 27 March, 2019

911 apl 177.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 177 OF 2019
Shri Maseeha Qasim Shaikh and ors. …..Applicants
versus
The State of Maharashtra and ors. …..Respondents

Mr. A. I. Nizami h/f. Mr. Adnan A. Ansari, advocate for the applicants.
Mr. S. R. Shinde, APP for the State.
Mr. H. C. Kazi I/b. Mohd. Omar, advocate for the respondent No.2.

CORAM : RANJIT MORE
SMT. BHARATI H. DANGRE, JJ.

DATE : 27th MARCH, 2019.

P. C. :

1. Heard learned counsel and learned APP appearing for the

respective parties.

2. The application is filed under Section 482 of the Code of

Criminal Procedure, 1973, for quashing and setting-aside the proceedings

of criminal case No.111 of 2015 pending on the file of JMFC, 1 st Court,

Kalyan. The said case arises out of FIR bearing CR No.I-699 of 2014

registered with Mahatma Phule Chowk Police Station, Kalyan, at the

instance of respondent No.2, for the offences punishable under Sections

498A, 323, 504 and 506 read with Section 34 of the Indian Penal Code,

1860.

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3. The applicant No.1 and respondent No.2 got married in the year

2001. Rest of the applicants are the relatives of the applicant No.1.

Matrimonial dispute between the parties gave rise to filing of civil as well

as criminal cases and the subject of the present application is one of

them.

4. Pending trial, the parties settled their dispute amicably with the

intervention of their elders and well-wishers and have, accordingly, filed

consent terms before the JMFC, 1st Court at Kalyan in Miscellaneous

Application No.97 of 2014. A copy of the said consent terms is placed on

record. In terms of the understanding arrived at between the parties, they

have now approached this Court for quashing and setting-aside the

proceedings of the subject criminal case by consent. The learned counsel

for the applicants made a statement that the applicants have complied

with the consent terms. The statement is accepted. The respondent No.2

has also filed an affidavit dated 26th March, 2019, wherein she has

reiterated whatever that has been stated above and in paragraph 3, she

has given her no objection for quashing and setting-aside the proceedings

of the subject criminal case. The respondent No.2 is personally present

before the Court. On being questioned, she specifically stated that she

has gone through the application and the affidavit as well and has fully

understood the contents thereof and she has no objection if the

proceedings of the subject criminal case are quashed and set-aside. She

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911 apl 177.19.doc

also stated that she is giving no objection for quashing the said

proceedings out of free will and without there being any pressure or

coercion.

5. It can, thus, be seen that the matter has been amicably settled

between the parties. Perusal of the complaint, makes it clear that the

allegations are totally personal in nature. In these circumstances and

especially in view of the law laid down by the Apex Court in the case of

B.S.Joshi versus State of Haryana AIR 2003 SC 1386, we are of the

view that quashing of the criminal proceedings would be in the interest of

respondent No.2. Besides, no purpose would be served by keeping the

criminal proceedings pending except burdening the Criminal Courts which

are already overburdened. In that view of the matter and in the interests

of justice, the proceedings of the subject criminal case are required to be

quashed and set-aside. The application is, accordingly, made absolute in

terms of prayer clause (a) and is disposed of as such.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.]

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