Bombay High Court
Seema Khan D/O Riyaz Khan And Ohers vs State Of Maharashtra, Through ... on 14 March, 2016
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.1018 OF 2015
1. Seema Khan d/o Riyaz Khan
aged 30 yrs. Occ. Service
R/o Near Anand Buddha Vihar,
Plot No.1185, Khan Mandir,
Buddha Nagar, Dr Ambedkar Marg,
Nagpur.
2. Shri Fahim Khan
s/o Abdul Aleem Khan,
Aged 27 yrs, Occ. Service.
3. Zaibunissa w/o Abdul Aleem Khan,
Aged 59 yrs. Occ. Housewife,
4. Abdul Aleem Khan
s/o Abdul Subhankhan,
Aged 66 yrs, Occ. Nil.
Nos.2 to 4 all are R/o
Thakur Plot No.130, Teacher Colony,
Bada Tajbag, Nagpur.
5. Abdul Shamim Khan
s/o Abdul Allemkhan,
Aged 35 yrs, Occ. Service.
6. Naziya w/o Abdul Shamim Khan
Aged 32 yrs, Occ. Doctor,
Both are R/o Prathamesh Apartment,
Plot No.9, Kharadi Rd,
Yawhwantnagar, Chandannagar, Pune.
7. Yasmin w/o Mohd. Ashif Khan
Aged 30 yrs, Occ. Housewife,
R/o Taj Server Masjid, Plot No.114,
Yasin Plot, Tajbag, Nagpur.
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8. Tabassum Parveen w/o Kadir Khan
Aged 27 yrs, Occ. Housewife,
R/o Bhutiya Darvaja, Mahal,
Near Mijja Masjid & Gadge Taki,
Nagpur. ... Petitioners.
-vs-
State of Maharashtra,
Through Sakkardhara Police Station,
Nagpur, District Nagpur. ... Respondent.
Shri M. A. Qureshi, counsel for petitioners.
Shri S. B. Ahirkar, APP for respondent/State.
ig CORAM : B. R. GAVAI &
A.S.CHANDURKAR JJ.
DATE : MARCH 14, 2016
Oral Judgment : (As per B. R. Gavai, J.)
Rule. Rule made returnable forthwith. Heard finally with
consent of learned counsel for the parties.
The petitioners have approached this Court jointly for quashing
and setting aside the F.I.R and consequential Criminal Case No.106 of 2015
pending in the Court of 22nd Jt. Civil Judge, Jr. Dvn. and JMFC (Corporation
Court No.1), Nagpur. The petitioner Nos.1 and No.2 were married on
05/05/2015. However, the relationship between the petitioner Nos.1 and 2
became sour immediately after the marriage as an outcome of which the
F.I.R came to be lodged with the respondent/State. However, it appears that
on the basis of said F.I.R., after completion of investigation, a charge-sheet
came to be filed. As such, criminal case came to be registered before the
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learned JMFC. During the pendency of the criminal proceedings, the matter
has been amicably settled between the parties. The parties i.e. the petitioner
Nos.1 and 2 have mutually agreed to end their relationship and have
executed Mubara'at which is a document for mutual divorce as per
Mohammedan Law on 23/12/2015. The rest of the petitioners are the
father and mother and other relatives of the petitioner No.2.
3.
The Apex Court in the case of B. S. Joshi And Ors. Vs. State of
Haryana & Anr. reported in (2003) 4 SCC 675 has held that if the parties
arrive at settlement in a matrimonial dispute, then the Court should exercise
powers under Section 482 of the Criminal Procedure Code to give an end to
the criminal proceedings. The petitioner Nos.1 and 2 are personally present
in the Court. They are identified by their learned counsel. The petitioner
Nos.1 and 2 reiterate about the settlement arrived between them.
4. In that view of the matter, we find that this is a fit case to exercise
powers under Section 482 of the Criminal Procedure Code to give an end to
the criminal proceedings in terms of Mubara'at arrived between the parties.
Rule is therefore made absolute in terms of prayer clauses (i) and
(ii). No order as to costs.
JUDGE JUDGE
Asmita
