SHAIKH ASIF @ SHOEB SHAIKH AHMED AND OTHER v. THE STATE OF MAHARASHTRA AND ANOTHER
APPLN/2302/2024 · 2025-09-24
Shri Hiten S Venegavkar, Smt Vibha Kankanwadi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19232 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19232 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
27-appln-2302-2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2302 OF 2024
1. Shaikh Asif @ Shoeb s/o Shaikh Ahmed
2. Shaikh Ahemad s/o Shaikh Fasiyoddin
3. Abeda Begum w/o Shaikh Ahmed
4. Shaikh Waseem s/o Shaikh Ahmed
5. Shaikh Altaf s/o Shaikh Ahmed
6. Deeba Firdose d/o Shaikh Ahmed
7. Nilofar Jahan d/o Shaikh Ahmed .. Applicants Versus
1. The State of Maharashtra Through Police Inspector, Phulambri Police Station, Aurangabad.
2. Muskan w/o Shaikh Asif .. Respondents … Mr. Shaikh Ashraf Pate, Advocate for the applicants. Mr. V. K. Kotecha, APP for respondent No.1/State. Ms. Poonam Bodke Patil, Advocate for respondent No.2. ...
CORAM : SMT. VIBHA KANKANWADI &
HITEN S. VENEGAVKAR, JJ.
DATE : 24 SEPTEMBER 2025
ORDER (Per Smt. Vibha Kankanwadi, J.) :- . Present application has been filed for quashing the FIR vide Crime No.153 of 2024 dated 24.04.2024 registered with Phulambri Police Station, District Aurangabad as well as the proceedings in R.C.C. No.73 of 2025 pending before the learnd Judicial Magistrate First Class, [1] 2025:BHC-AUG:26973-DB
27-appln-2302-2024.odt Phulambri, for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of Indian Penal Code.
2. On 12.08.2024, by consent of the parties, the matter was referred for mediation. However, the mediation between the parties was failed. Thereafter, the applicants and respondent No.2 have decided to end the dispute in Lok Adalat dated 13.09.2025 and in furtherance of that, parties have settled the present matter by way of amicable settlement. In the joint compromise, it is stated that both the parties mutually agreed that they will continue with their marriage. Applicant Nos.1 and respondent No.2 are now residing together. Both the parties agreed to take care of their daughter. Further, it is agreed between the parties that respondent No.2 would give consent to quash and set aside the FIR as well as the consequential proceeding.
3. In view of the compromise terms as well as the fact that respondent No.2 has specifically accepted that she is ready to give her consent for quashment of the FIR as well as the consequential proceedings, we take this to be a fit case where we can exercise our powers under Section 482 of the Code of Criminal Procedure. Hence, the following order is passed :-
ORDER I) Criminal Application stands allowed. [2]
27-appln-2302-2024.odt II) The FIR vide Crime No.153 of 2024 dated 24.04.2024 registered with Phulambri Police Station, District Aurangabad for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of Indian Penal Code as well as the proceedings in R.C.C. No.73 of 2025 pending before the learnd Judicial Magistrate First Class, Phulambri, stands quashed and set aside as against the present applicants.
[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [3]