JUDGMENT

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 sections 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 section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 read with section 7(1)(b) Explanation (b) of the Family Courts Act, 1984. By judgment and order dated 09.03.2022 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 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-inreply and she also received said amount of Rs.5 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.

4. We have heard learned APP for the respondent/State. Learned APP Mr. Dande has placed before us a case of Madras High Court in C.R.P. (NPD) No.161 of 2021, wherein the Madras High Court by referring the law laid down by the Supreme Court in the case of Mst. Zohara Khatoon Vs. Mohd. Ibrahim, (1981) 2 SCC 509, submits that mubarat is a form of extrajudicial divorce based on mutual consent under Islamic Law and same is valid, as it remains untouched by the Dissolution of Muslim Marriages Act. The Madras High Court in para No.17 of the judgment as made following observations:—

“17. Coming to the present case on hand, the learned Principal District Munsif, Alandur has refused to entertain the petition in the light of provisions under Order VII Rule 11(d) of CPC and the Judgment of High Court of Karnataka in Miscellaneous First Appeal No.200834/2019(FC) [Zuber Vs. Mahezabeen] and the same is challenged in the present revision. It appears that the petitioner filed O.S. before the learned Principal District Munsif at Alandur to declare that the Marriage solemnized between the petitioner and respondent on 01.12.2018 to be dissolved in terms of MOU entered between them. However, the same was returned several times for want of several reasons and thereafter, the said petition was dismissed even without numbering the petition. As already mentioned supra, the Hon’ble Division Bench of High Court of Kerala at Ernakulaam, had categorically held that ‘mubaraat’ is a form of an extra-judicial divorce based on mutual consent under Islamic law and same is valid, as it remains untouched by the Dissolution of Muslim Marriages Act. The court below, in such circumstances, is neither called upon to adjudicate nor called upon to dissolve the marriage by decree of divorce. On the other hand, the Family Court only has to declare the maritial stauts by endorsing the mubaraat invoking jurisdiction under Explanation (b) of Section 7(1) of the Family Courts Act. Once a declaration of joint divorce invoking bubaraat is produced before the Family Court, the Family Court has to pass a decree declaring the matrimonial status of the parties. The inquiry in such cases is limited to the extent to find out whether both parties have agreed upon to dissolve such marriage invoking mubaraat. Once the Family Court is satisfie