Bombay High Court
Shakib Quazi S/O Sadique Quasi And ... vs The State Of Maharashtra, Thr. ... on 24 March, 2017
Bench: B.R. Gavai
1 APL.357.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 357 OF 2016.
1] Shakib Quazi s/o Sadique Quazi,
aged about 28 years, Occu. Business,
2] Shamim @ Bablu s/o Sadique Quazi,
aged about 32 years, Occu. Pvt. Service,
3] Gulnaz w/o Shamim Quazi,
Aged about 28 years, Occ. Household,
4] Shabaz Quazi s/o Sadique Quazi,
Aged about 24 yrs. Occ. Service,
5] Bibi Begum w/o Sadique Quazi,
Aged about 55 yrs. Occ. Household,
All R/o Behind Bombay Bakery,
Joharipura, Gandhi Gate, Mahal,
Nagpur. ...... APPLICANTS.
....Versus....
1] The State of Maharashtra, through
Police Station Officer, Ganeshpeth
Police Station, Ganeshpeth, Nagpur,
2] Nausheen Asiya Divorcee wife of
Shakib Quazi,
Aged about 28 years, Occ. Housewife,
R/o C/o in the House of Jafarbhai
Behind Noori Masjid, Rathod Layout,
Anant Nagar, Nagpur-13,
(P.S. Gittikhadan). ..... RESPONDENTS.
Mr. S. Raisuddin, Advocate for applicants,
Mr. V.P. Maldhure, Additional Public Prosecutor for respondent no. 1.
Mr. G.D. Kale, Advocate for respondent no.2.
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2 APL.357.16.odt
CORAM : B.R. GAVAI & KUM. INDIRA JAIN, JJ.
DATED : MARCH 24, 2017.
ORAL JUDGMENT (PER B.R. GAVAI, J.)
1] Rule. Rule made returnable forthwith. Heard the learned
Counsel for the parties finally by consent.
2] The petitioners have approached this Court for setting
aside the proceedings in Regular Criminal Case No. 1407/16 before
the learned J.M.F.C. Court No. 8, Nagpur. The applicant no.1 and
the respondent no.2 were married to each other on 28.5.2015. It
appears that, however, there arose discord between both of them
soon after the marriage and they started residing separately. As an
outcome of disputes between them, they resided separately and an
FIR came to be lodged by respondent no.2 for the offence punishable
under Section 498-A of the Indian Penal Code which culminated into
filing of charge-sheet and the Regular Criminal Case No. 1407/16.
3] In the meantime, proceedings were also initiated before
the learned Family Court, Nagpur under Section 2(vii) of the Muslim
Marriage Act read with Section 7 of the Family Court Act for
dissolution of marriage, in which it was agreed that the parties will
3 APL.357.16.odt
dissolve their marriage. It has also been agreed between the parties
to give an end to their relationship. The rest of the applicants are
relatives of applicant no.1. The applicant no.1 and respondent no.2
are personally present in the Court and they reiterate about their
settlement.
4] The Apex Court in the case of B.S. Joshi and others .vs.
State of Haryana and another reported in (2003) 4 SCC 675 has
held that if the matrimonial dispute has been settled between the
parties, this Court can exercise powers under Section 482 of the
Criminal Procedure Code to quash and give an end to the criminal
proceedings. We find that the continuation of the proceedings will
come in the way of the harmonious relationship between the parties.
We find that the present case is a fit case where this Court should
exercise powers under Section 482 of the Criminal Procedure Code
and give an end to the criminal proceedings.
5] The Criminal Application is, therefore, allowed. The rule is
made absolute in terms of prayer clause (a).
JUDGE. J
UDGE.
J.
