1 jg.apl 786.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Application (APL) No. 786 of 2017
Applicants : (1) Mohammed Abdul Rahil S/o Haji
Abdul Hamid, aged 32 years,
Occupation - Service, resident of
Hatipura, Chandani Chowk, Amravati,
Tahsil & District Amravati (Maharashtra
State).
(2) Shaima Saba D/o Haji Abdul Hamid
(earlier Shaima Saba W/o Mohammed
Abdul Rahil), aged about 26 years,
Occupation - Household, resident of
108, Ayyappa Nagar, New Ring Road,
Nagpur, Tahsil & District Nagpur
(Maharashtra State).
(3) Haji Abdul Hamid Abdul Rashid,
Aged - 72 years, Occupation - Pensioner,
resident of Hatipura, Chandani Chowk,
Amravati, Tahsil & District Amravati
(Maharashtra State).
(4) Mohammed Abdul Sharjeel S/o Haji
Abdul Hamid, Aged - 32 years,
Occupation - Business,
resident of Hatipura, Chandani Chowk,
Amravati, Tahsil & District Amravati
(Maharashtra State).
(5) Mohammed Abdul Uzair S/o Haji
Abdul Hamid, Aged - 33 years,
Occupation - Business,
resident of Hatipura, Chandani Chowk,
Amravati, Tahsil & District Amravati
(Maharashtra State).
(6) Tasnim w/o Rehana Haji Abdul Hamid
aged - 65 years, Occupation- Household,
resident of Hatipura, Chandani Chowk,
Amravati, Tahsil & District Amravati
(Maharashtra State).
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2 jg.apl 786.17.odt
(7) Nazeesh Bano D/o Haji Abdul Hamid,
aged - 35 years, Occupation - Household,
resident of Hatipura, Chandani Chowk,
Amravati, Tahsil & District Amravati
(Maharashtra State).
// Versus //
Non-applicant :- State of Maharashtra,
Through Officer Incharge, Nagpuri Gate
Police Station, Amravati,
Tahsil & District - Amravati.
Shri A. N. Ansari with H. N. Bhondge, Advocates for the applicants
Shri M. K. Pathan, Additional Public Prosecutor for the non-applicant
CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
DATE : 21-11-2017.
JUDGMENT (Per : M. G. GIRATKAR, J.)
Rule. Rule made returnable forthwith.
2. By the present application, the applicant nos. 1 to 7 prayed to quash Regular Criminal Case No. 908/2017 pending before the 4 th Joint Civil Judge Junior Division and Judicial Magistrate First Class, Amravati.
3. Marriage of applicant no. 1 with applicant no. 2 was solemnized on 18-12-2015 as per Muslim rites and customs. After the solemnization of marriage, applicant no. 2 resided with applicant no. 1 at her matrimonial house at Amravati. Due to differences between the .....3/-
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3 jg.apl 786.17.odt applicant no. 1 and 2, both of them resided separately since 24-2-2016.
4. Under the heat of anger, applicant no. 2 lodged the complaint with Mankapur Police Station, Nagpur on 12-8-2016. Crime No. 00/2016 was registered and transferred to Police Station, Nagpuri Gate, Amravati. Offences punishable under Sections 498-A, 406 read with Section 34 of the Indian Penal Code were registered against the applicant nos. 1 and applicant nos. 3 to 7.
5. It is submitted that there were several litigations between the parties against each other. All the matters are compromised between the parties before the Mediator of Family Court, Nagpur in Petition No. E-372/2016. Accordingly, agreement of settlement between the parties was executed before mediator (Annexure-2). As per the agreement, applicant no. 1 paid Rs. 50,000/- in cash to the applicant no. 2 before the mediator. Rs. 1,00,000/- was paid by cheque dated 11-10-2017 and agreed to pay balance amount of Rs. 5,00,000/- at the time of quashing of Regular Criminal Case No. 908/2017. It is submitted that as per the agreement, applicant no. 1 has to return streedhan, dahej and gift articles to the applicant no. 2. The applicant no. 1 has to deposit balance amount before the Family Court. The applicant no. 2 shall withdraw the petition bearing no. E-372/2016 pending before the Family .....4/-
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4 jg.apl 786.17.odt Court No. 3, Nagpur and also shall withdraw the other proceedings instituted by her.
6. Today, the applicant nos. 1 and 2 are present with their counsel Shri A. N. Ansari and Shri Bhondge. They have stated before us that applicant nos. 1 and 2 settled their all disputes as per Annexure-2. The applicant no. 2 has stated before us that she lodged the report due to misunderstanding. She do not want to prosecute applicant nos. 1, 3, 4, 5, 6 and 7. Looking to the settlement between the parties, there will not be any remote chances of any conviction. Pendency of criminal case before the Court is nothing but abuse of process of Court. Hence, we pass following order.
(a) Criminal application is allowed in terms of prayer clause (i) and we hereby quash Regular Criminal Case No. 908/2017 (State of Maharashtra Versus Haji Abdul Hamid Abdul Rashid and five others) pending before the 4th Joint Civil Judge Junior Division and Judicial Magistrate First Class, Amravati.
(b) No order as to costs.
7. Rule is made absolute in aforesaid terms.
JUDGE JUDGE
wasnik
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