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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.722 OF 2017
1. Nilofar Yasmin Javed Ali,
Aged about 27 years, Occ.
Nurse, Near Wahid Khan
D.Ed. College, Amravati
City, District Amravati.
2. Firoz Shah @ Bhuriya s/o.
Yusuf Shah, Aged 30 years,
Occ. Business, Nagpuri Gate,
Amravati.
3. Maqsood (Steelwala) Ahmed
s/o. Mansoor Ahmed, Aged
38 years, Occ. Business,
Nagpuri Gate, Amravati. .......... APPLICANTS
// VERSUS //
State of Maharashtra,
Through Police Station Officer,
Police Station, Nagpuri Gate,
Amravati City, District Amravati. .......... RESPONDENT
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____________________________________________________________
Mr.Rashid Haque, Advocate for the Applicants.
Mr.V.P.Gangane, A.P.P. for the Respondent/State.
____________________________________________________________
CORAM : R.K.DESHPANDE
AND
M.G.GIRATKAR, JJ.
DATED : 27th November, 2017.
ORAL JUDGMENT (Per M.G.Giratkar, J) :
1. The Criminal Application is admitted and heard finally with the consent of the learned Counsel for the respective parties.
2. Applicant nos. 1 to 3 have filed the present application praying to quash and set aside the First Information Report No.0276/2017, dt.23rd of August, 2017 registered by Police Station, Nagpuri Gate, Amravati City lodged by applicant no.1 against applicant nos. 2 and 3.
3. It is stated by the applicants that applicant no.1 married with Javed Ali, resident of Akot on 17th June, 2007. In the month of ::: Uploaded on - 29/11/2017 ::: Downloaded on - 30/11/2017 01:42:30 ::: 3 apl722.17.odt December, 2016, there was a dispute between applicant no.1 and her husband. Applicant no.1 went to her parents at Vadner Gangai along with dowry articles. She was helped by applicant no.3 Maqsood Ahmed. Her daughter was studying. Therefore, she shifted to Amravati. Applicant no.2 Firoz Shah helped her by getting rented premises for her. He also gave helping hand for getting her work in the hospital as a nurse.
4. It is the case of applicant no.1 that applicant no.2 Firoz Shah fell in her love. He was asking her to perform marriage with him. She was ready to marry with Firoz. Applicant no.3 Maqsood Ahmed came to know about the relations of applicant no.2 Firoz with applicant no.1 Nilofar. Therefore, there was a quarrel between applicant no.1 and applicant nos.2 and 3. She was under mental tension. Therefore, she lodged report against applicant nos. 2 and 3 alleging that they committed rape on her. It is submitted by the applicants that applicant no.1 lodged report due to misunderstanding and loss of mental balance.
5. Heard Mr.R.A.Haque, learned Counsel for the applicants. He has identified applicant no.1. She is present before the Court. We ::: Uploaded on - 29/11/2017 ::: Downloaded on - 30/11/2017 01:42:30 ::: 4 apl722.17.odt have asked her about the contents of application. She has stated that she along with applicant nos. 2 and 3 have arrived at compromise. Compromise deed is reduced into writing and is filed on record as Annexure-II. She has stated in the Compromise deed that, due to misunderstand and loss of mental balance, she lodged report against applicant nos. 2 and 3. It is further stated that she does not want to prosecute both applicant nos. 2 and 3 and hence, she has prayed before us to quash the F.I.R. lodged by her.
6. Applicant no.1 i.e. the complainant herself is praying to quash the F.I.R. Therefore, keeping case pending against applicant nos. 2 and 3 is nothing but abuse of process of Court because applicant no.1 will not depose against them. There is remote chance of any conviction. Hence, in view of Judgments of Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab and another reported in (2012) 10 SCC 303 and Narinder Singh and Others vs. State of Punjab and Others, (2014) 6 SCC 466, the First Information Report lodged by applicant no.1 is liable to be quashed and set aside. Hence, we allow the application in terms of prayer clause (a) therein, which reads as under :
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5 apl722.17.odt "(a) The First Information Report No.0276/2017, dated 23rd of August, 2017, registered by the non- applicant-Police Station, Nagpuri Gate, Amravati City, District Amravati (Annexure-II) against the applicant nos. 2 and 3 alleging commission of the offences punishable under Sections 376, 376-D, 452 and 506(B) of Indian Penal Code, 1860 may kindly be quashed and set aside in the interests of justice."
No order as to costs.
JUDGE JUDGE [jaiswal] ::: Uploaded on - 29/11/2017 ::: Downloaded on - 30/11/2017 01:42:30 ::: 6 apl722.17.odt ::: Uploaded on - 29/11/2017 ::: Downloaded on - 30/11/2017 01:42:30 :::