KULSUM ARIF MIRZA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in both these applications is to the registration of First Information Report (FIR) bearing crime No.369 of 2021, registered with Shantinagar Police Station, District Nagpur, for the offence punishable under Ss. 498-A, 323 and 504 read with Sec. 34 of the Indian Penal Code, 1860. Though, there can be no criminal offence under Sec. 3 of the Protection of Women from Domestic Violence Act, 2005, however, it has also been invoked, therefore, the same is also sought to be quashed.

(2.) Applicant Faizan of Criminal Application No.859 of 2023 is the husband of informant-wife, whilst applicant Nos.1 to 9 of Criminal Application No.338 of 2023 are nearer relatives of husband Faizan. At the instance of report lodged by non-applicant No.2 Misbah dtd. 17/12/2021, the crime was registered. By and large, she alleged about matrimonial cruelty at the hands of her husband and nearer relatives of husband.

(3.) Today, the informant lady is present in Court accompanied by her father. The informant is identified by her Advocate Mr Mohta. We have verified the contents of compromise pursis with the informant to which she agreed and particularly stated that she has consciously waived all her rights of maintenance. Since the matter is settled by way of compromise pursis, there is no purpose in prosecuting the trial. The couple is young having no issues. They found it difficult to pull on the matrimonial relations due to temperamental differences. In view of that to further the smooth life of the couple, it is in the interest of justice to quash the proceeding which would be a fruitful exercise, in view of settlement.