SHAIKH TASLIM SHAIKH HAKIM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally with the consent of learned Counsels for the parties at the admission stage.

(2.) The applicant/accused is seeking quashing of FIR bearing Crime No.514 of 2021, registered with Police Station Nanalpeth, Parbhani for the offences punishable under Sec. 498(A), 323, 504, 506 of the Indian Penal Code and also consequential charge-sheet bearing RCC No. 178 of 2022, pending before the Judicial Magistrate, First Class, Parbhani, on the ground that the parties have arrived at amicable settlement.

(3.) Learned Counsel for the applicant submits that applicant - husband and respondent No.2 - wife got separated by mutual consent and accordingly approached the Family Court, Parbhani for declaration of their matrimonial status in terms of provisions of sec. 2 of the Muslim Personal Law (Shariat) Application Act, 1937 read with sec. 7(1)(b) Explanation (b) of the Family Courts Act, 1984. By judgment and order dtd. 9/3/2022 learned Judge of the Family Court at Parbhani had allowed the petition and declared their status as they are no more husband and wife in terms of the mutual agreement between them. It is further agreed between the parties that the applicant-husband shall pay an amount of Rs.5.00 lakhs to respondent No.2 as the amount for future maintenance in total. Learned Counsel for respondent No.2 submits that respondent No.2 has filed consent affidavit-in-reply and she also received said amount of Rs.5.00 lakhs. Learned Counsel for respondent No.2 submits that respondent No.2 is not interested in prosecuting the applicant in connection with aforesaid crime and continue with the criminal proceedings arising out of said crime.