SAU NAZIA ALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Returnable forthwith. Heard finally by consent of parties.

(2.) By the present petition, the applicant who is wife of non-applicant No. 2 has prayed for quashing the prosecution against non-applicant No. 2 and his relatives non-applicants No. 3 to 6 for offence under Section 498A read with 34 of the Indian Penal Code. Non-applicants No. 3 and 4 are respectively father and mother of non-applicant No. 2, while the non-applicant No. 5 is sister and non-applicant No. 6 is father-in-law of non-applicant No. 5. The said prosecution has emerged out of the first information report No. 356/2011 lodged by the applicant with Police Station Gittikhadan as after the investigation, the Police had charge sheeted non-applicants No. 2 to 6 for commission of offence under Section 498A read with 34 of I.P.C. Upon the said charge sheet, Regular Criminal Case No. 2033 of 2012 was registered in the Court of Judicial Magistrate First Class, Court No. 10, Nagpur.

(3.) The application is founded on the contention that the dispute has been amicably settled in between the parties and the applicant and non-applicant No. 2 are living together. It is contended that the proceeding taken by the applicant under the provisions of the Protection of Women from Domestic Violence Act, 2005, against the non-applicants No. 2 to 6 has been withdrawn and so also the proceeding initiated by the applicant against the non-applicant No. 2 under Section 125 of the Code of Criminal Procedure.