LAWS(BOM)-2023-2-130

SHOEB Vs. STATE OF MAHARASHTRA

Decided On February 24, 2023
Shoeb Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) . Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties.

(2.) This is an application seeking to quash the First Information Report (FIR) in Crime No.639 of 2020, registered with Wardha Police Station, District Wardha, for the offence punishable under Sec. 498A read with Sec. 34 of the Indian Penal Code, 1860 and related criminal case bearing RCC No. No.730 of 2020.

(3.) At the instance of report lodged by Non-Applicant No.2 (wife), crime has been registered pertaining to matrimonial harassment. After few days from the marriage, the couple started to reside separately. Several meetings were held, but both sides have realized that marriage is unworkable. During pendency of criminal proceeding, with the intervention of relatives and mediator, the parties have settled the dispute. It is informed that as per prevailing Customs and Rules under Mohammedan Law, they have divorced. As the matter is settled, informant lady do not want to prosecute the criminal case. Today, informant is present in Court and accompanied by her father namely Usman Shaikh. The informant is identified by her Counsel Mr M. R. Khan. We have enquired with the informant, on which she agreed that the matter is settled and expressed that she do not want to prosecute the concerned criminal case.