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2026 DAILYLAW 2740 (BOM)

SYED RIZWANUDDIN SYED NASEERUDDIN AND ANOTHER v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/538/2026 · 2026-06-12

Shri S G Chapalgaonkar

Public Interest Litigationbody2026

Judgment text

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1 cran 538.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1050 CRIMINAL APPLICATION NO. 538 OF 2026 1. Syed Rizwanuddin Syed Naseeruddin, (husband) age 39 yrs, Occ. Business, R/o Mahaveer Nagar, Asif Nagar, Hyderabad, TS. 2. Syed Naseeruddin Sharfuddin (father in law), age 65 yrs, Occ. Nil, R/o Taj Nagar, Asif Nagar, Hyderabad TS. Applicants. VERSUS 1. The State Of Maharashtra, through its Nava Mondha Police Station, Parbhani. 2. Arshiya w/o Sayyed Rizwanuddin, age 35 years, Occ Housewife, R/o House No.12-2-389, Mahavir Nagar, Gudi Malkapur, Hyderabad, TS. Respondents. ... Advocate for Applicant : Mr. Shaikh Md Aamir Abdul Qadir APP for Respondents: Mrs. P.V. Diggikar Advocate for Respondent No.2 : Mr. Azhar Baig ... CORAM : S. G. CHAPALGAONKAR, J. Dated : June 12, 2026 FINAL ORDER :- 1. Applicants seeks quashment of the FIR in crime No.355 of 2024 dated 23.7.2024 registered with Nava Mondha police station, Parbhani for the offences punishable under sections 498-A, 323, 504, 506 r/w 34 of the Indian Penal Code. The 2026:BHC-AUG:23328 2 cran 538.2026.odt applicants further seek quashment of consequential charge- sheet and criminal proceeding in RCC No.228 of 2025 pending before the J.M.F.C. Parbhani. 2. On 12.6.2026 learned advocates appearing for respective parties had jointly submitted that parties have amicably settled the dispute and they wants to file on record terms of the compromise consent affidavit. Eventually, respondent no.2, filed consent affidavit before this Court, wherein she states that she has settled her matrimonial disputes with the applicant husband and happily residing with him at Hyderabad. Respondent no.2 is personally present before Court and reiterated contents of affidavit. 3. It can be observed that applicant no.1 and respondent no.2 have genuinely settled their matrimonial dispute and respondent no.2 has resumed company of applicant no.1 and they are leading happy married life. 4. In light of aforesaid factual backdrop and looking to nature of allegations in the FIR, this Court finds that observations of Hon’ble Supreme Court of India in case of Narinder Singh and others Vs. State of Punjab and another reported in (2014) SCC 466 squarely applies to the facts of the 3 cran 538.2026.odt present. Reference can be given to paragraph no.31, wherein it is observed as under :- “31.Where criminal cases having overwhelmingly and pre- dominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationships or family disputes should be quashed when the parties have resolved their entire disputes among themselves. The possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.” 5. In light of aforesaid exposition of law and settlement arrived at between the parties as discernible from consent affidavit filed by respondent no.2, application deserves to be allowed and the same is allowed in terms of prayer clause “B’. Criminal application stands disposed of. ( S. G. CHAPALGAONKAR, J. ) ... aaa/-f