SAYYED AWES SAYYED SHRIFODDIN BELDAR Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: NAGPUR)
STATE OF MAHARASHTRA
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(1.) Rule made returnable forthwith. By consent, heard finally.
(2.) This application is by husband of non-applicant no.2 and his relatives for quashing of charge-sheet which is registered as Criminal Case R.C.C. No.74 of 2017 on the file of Judicial Magistrate, First Class, AnjangaonSurji. During pendency of present application, matter was referred for mediation and it came to be successfully settled and in compliance to it, applicant no.1 and non-applicant no.2 have placed Terms of Settlement on record. On the earlier date, since it was noted that settlement was arrived at between applicant no.1 and non-applicant no.2 as referred in the Terms of Settlement and as we did not find reference of applicant nos. 2 to 6 therein, non-applicant no.2 on that day filed additional affidavit having her no objection for quashing of F.I.R and charge-sheet filed against applicant nos. 2 to 6 also, as the issue between applicant no.1 and Complainant/non-applicant no.2 has been amicably settled.
(3.) From the application, it is found that applicant no.1 was married to non-applicant no.2 on 15.11.2015 as per Mohammedan rights and customs and after residing in her matrimonial home for a span of one month, non-applicant no.2 was required to go to AnjangaonSurji, where she was in teaching profession in a Zilla Parishad School. During the month of August, 2016, there was some matrimonial discord between applicant no.1 and his wife/non-applicant no.2 on the issue of her not staying with applicant no.1 at Majalgaon, as agreed prior to marriage and on this count, they started residing separately. During this period, non-applicant no.2 filed Complaint under section 12 of Protection of Women From Domestic Violence Act, 2005 and also lodged F.I.R. against the applicants for the offences punishable under Sections 498A, 323, 504, 506 r/w.34 of the Indian Penal Code, out of which present application arises; while applicant no.1 filed application for Restitution of Conjugal Rights.;
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