1 14 APPLN.3068.2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 14 CRIMINAL APPLICATION NO. 3068 OF 2023 1. Naeem Arif Syed, Age-35 years, Occu- Labourer, 2. Arif Rashid Syed, Age- 60 years, Occu- Nil. 3. Nasim Arif Syed, Age- 57 years, Occu- Household, Applicant No. 1 to 3 are residing at Address given below R/O 125, Chalisgaon Road, near National Urdu High School, Muslimnagar Dhule. 4. Qamar Jahan Samir Khan Pathan Age: 28 years, Occu: Household, Applicant No. 1 to 3 R/O 62 Avishkar Colony, Chalisgaon Road Dhule. 5. Amrin Akram Syed, Age: 32 years, Occu: Household, 125, Muslimnagar Near, Munshi Masjid, National Urdu, High School Dhule. 6. Mumtaz Shabbir Syed, Age: 67 years, Occupation: Household, 7. Salim Rashid Syed Age: 67 years, Occupation: Nil, 8. Syed Kutubuddin Salim Age: 45 years, Occupation: Labour, Applicants No. 6 to 8 Are residing address given below R/O 125, Chalisgaon Road, near National Urdu High School, Muslimnagar Dhule. 2025:BHC-AUG:11607-DB 2 14 APPLN.3068.2023.odt 9. Dr. Harun Rahim Syed, Age: 56 years, Occu: Doctor, R/o Plot No. 68 / B Behind, Sarvajainik Hospital, Millat Nagar Dhule. 10. Amin Shaikh Rahmatullaha, Age: 44 years, Occu.: Labourer R/o Nala Kad Patil, Gadi Parisar Kasoda District Jalgaon. … Applicants (Original Accused) Versus 1. The State of Maharashtra Through the Police Station Officer, Mehunbare Dist. Dhule. 2. Afrin Naeem Syed, Age: 30 years, Occu. Household, Present reside Khedgaon, c/o Shaikh Majrul Shaikh Gaffar Manyar Khedgaon Tq. Chalisgaon Dist. Jalgaon … Respondents (Original Informant) ... Mrs. Sabahat T. Kazi, Advocate for the Applicants. Mr. G. A. Kulkarni, APP for Respondent No.1 / State. Mr. Deelip Khivesara Vidhan & Mr. Ruchir S. Wani, Adv. for Respdt. No.2. ... CORAM : SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ. DATE : 21st April, 2025. Per Court: . Present application has been filed under Section 482 of the Code of Criminal Procedure for quashing the proceedings in 3 14 APPLN.3068.2023.odt R.C.C. No.110 of 2023, pending before the learned Judicial Magistrate First Class, Chalisgaon, arising out of FIR vide C.R. No.201 of 2022, dated 8th September, 2022, registered with Mehunbare Police Station, District Jalgaon, for the offence punishable under Sections 498-A, 406, 323, 504 and 506 read with 34 of the Indian Penal Code. 2 It will not be out of place to mention at the beginning itself that when the matter was on board on 27th September, 2023, the learned counsel for the applicants withdrew the application of applicant No.1, upon instructions, and therefore, the application was disposed of as withdrawn as against applicant No.1 (husband). 3 The learned Advocates for the applicants and respondent No.2 have now stated that there is a compromise between the husband and respondent No.2, which was read and recorded in PWDV Application No.204 of 2022, before the learned Judicial Magistrate First Class, Court No.1, Chalisgaon on 9th August, 2024. The learned counsel for the applicants, therefore, prays for recall of the order dated 27th September, 2023. In view of change in circumstance, which has occurred, there is no hurdle in recalling the said order. 4 Respondent No.2 has filed affidavit-in-reply and the terms of settlement, which were read and recorded before the learned 4 14 APPLN.3068.2023.odt Judicial Magistrate First Class, Chalisgaon. Respondent No.2 was present before the concerned Court and her identity was verified from Aadhar Card by the concerned Court. The contents of the pursis / terms of settlement were read over to respondent No.2 and husband. They admitted their signatures on the same. One of the conditions or terms was that respondent No.2 would file an affidavit in support of quashment of the proceedings i.e. present application, as the relationship between respondent No.2 and husband got severed / dissolved, in view of Khula. As the parties have settled their dispute out of the Court and respondent No.2 is giving no objection for quashment of the proceedings and the present proceedings arose as a result of matrimonial dispute, we take this to be a fit case where we should exercise our powers under Section 482 of the Cr.P.C. We, therefore, proceed to pass the following order:- O R D E R I. The order passed by this Court on 27th September, 2023 regarding allowing applicant No.1 to withdraw the application, stands recalled. II. The application stands allowed in its entirety. III. The proceedings in R.C.C. No.110 of 2023, pending before the learned Judicial Magistrate First Class, 5 14 APPLN.3068.2023.odt Chalisgaon, arising out of FIR vide C.R. No.201 of 2022, dated 8th September, 2022, registered with Mehunbare Police Station, District Jalgaon, for the offence punishable under Sections 498-A, 406, 323, 504 and 506 read with 34 of the Indian Penal Code, stands quashed and set aside as against all the applicants. IV. Applicant No.1 to deposit costs of Rs.1000/- to the High Court Legal Services Authority, Aurangabad, within a period of one week from today. V. Place the matter for compliance on 28th April, 2025. [ SANJAY A. DESHMUKH, J. ] [ SMT. VIBHA KANKANWADI, J. ] nga