Bombay High Court
Tayyab Ali Sayyed And Ors vs The State Of Maharashtra And Anr on 2 March, 2017
Bench: A.S. Oka
This Order is modified/corrected by Speaking to Minutes Order dated 13/06/2017
sng 1 apl-92.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.92 OF 2017
Mr. Tayyab Ali Sayyed and Others. .. Applicants
Vs
The State of Maharashtra and Another. .. Respondents
-
Shri Samarth S. Karmarkar for the Applicants.
Shri N.B. Patil, APP for the Respondent No.1.
Shri D.R.Dhiwar for the Respondent No.2.
-
CORAM : A.S. OKA &
SMT.ANUJA PRABHUDESSAI, JJ
DATED : 2ND MARCH 2017
ORAL JUDGMENT ( PER A.S. OKA, J)
1. Heard the learned counsel appearing for the Applicants, the
learned APP for the first Respondent and the learned counsel appearing
for the second Respondent.
2. Rule. The learned APP waives service for the first
Respondent. The Advocate for the second Respondent waives service.
Forthwith taken up for final disposal.
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3. The prayer in this Application under Section 482 of the
Code of Criminal Procedure, 1973 (for short "CrPC") is for quashing the
First Information Report (FIR) lodged at the instance of the second
Respondent, who is the wife of the first Applicant, for the offences
punishable under Sections 498(A), 406, 323, 504 and 506 read with 34
of the Indian Penal Code. A chargesheet has been filed after carrying
out investigation on the basis of the said FIR. The prayer is made for
quashing on the basis of the settlement arrived at between the parties.
4. The parties are relying upon the consent terms, a copy of
which is annexed at Exhibit-B to the Application. The consent terms
were filed in a complaint under Section 12 of the Protection of Women
from Domestic Violence Act, 2005 ( for short "the said Act of 2005")
filed by the second Respondent. Reliance is placed on Talaqnama dated
18th January 2017 for showing that the marriage between the first
Applicant and the second Respondent has been dissolved. There is an
affidavit filed by the second Respondent annexed to the Application
where in Paragraph 5, she has stated that the marriage has been
accordingly dissolved. A copy of the bankers' cheque in the sum of Rs.1
lakh handed over to the second Respondent which is dated 4 th February
2017 is annexed.
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5. The learned APP has submitted a compilation containing
statements of various persons recorded by the police. The statement of
one Mr. Samiullah Bhulan Khan before whom the Talaqnama was
executed, was recorded. The learned APP pointed out that in the
English translation of the Talaqnama, there appears to be a mistake
while incorporating the name of one of the two witnesses. The correct
name of the witness is Mr. Jamiruddin Mohammed Jafar Shaikh. His
statement as well as the statement of the other witness Mr. Moinuddin
Kayamuddin Shaikh is also recorded by the police. The said statements
support the case that the Talaqnama was executed.
6. In view of the statements recorded by the police and the
affidavit of the second Respondent, we are satisfied that the
matrimonial dispute between the first Applicant and the second
Respondent has come to an end in all respects on the basis of the
settlement arrived at in the proceedings pending before the learned
Metropolitan Magistrate. Therefore, continuation of the criminal
proceedings based on the matrimonial dispute will not serve any
purpose. Moreover, the same cause undue harassment to the first
Applicant and the second Respondent. Therefore, this is a fit case to
exercise power under Section 482 of the CrPC. for quashing the
criminal proceedings.
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7. Accordingly, we pass the following order.
ORDER :
(a) Rule is made absolute in terms of prayer clause (c),
which read thus:
"(c) That this Hon'ble Court be pleased to be
quash and set aside C.R. No.I 293/2014
registered with Mira Road Police Station, Thane,
presently pending before the Ld. Judicial
Magistrate First Class Court at Thane, bearing
RCC. No.1647/2014."
(b) All concerned to act upon an authenticated copy of
this order.
(SMT.ANUJA PRABHUDESSAI, J) ( A.S. OKA, J )
