Bombay High Court
Tahseen Begam W/O Feroz Khan And ... vs The State Of Maharashtra And Anr on 20 March, 2017
Bench: S.S. Shinde
913.2016 Cri.Appln.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.913 OF 2016
1. Tahseen Begam w/o. Feroz Khan,
Age: 35 Years, Occu:Household,
R/o. Kot Bazar, Tq. Kandhar,
Dist. Nanded.
2. Anjuman Begam w/o. Sk.Maheboob,
Age: 42 Years, Occu.Household,
R/o. Chaitanya Nagar, Nanded,
Tq. & Dist. Nanded. APPLICANTS
[Ori. Accused
Nos.4 & 5]
VERSUS
1. The State of Maharashtra
Through Police Station,
Itwara, Nanded.
2. Firdous Siddiqa w/o. Shahnawaz
Khan,
Age: 26 Years, Occu: Household,
R/o. Kalal Galli, Itwara,
Nanded, Tq. & Dist. Nanded. RESPONDENTS
[Resp.No.2 ori.
complainant]
...
Mr.Hamzakhan I. Pathan, Advocate for the
applicants
Mr.S.G.Karlekar, APP for the Respondent/
State
Mr.N.E.Deshmukh, Advocate for Respondent
no.2.
...
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913.2016 Cri.Appln.odt
2
CORAM: S.S.SHINDE &
K.K.SONAWANE,JJ.
Reserved on : 16.03.2017
Pronounced on : 20.03.2017
JUDGMENT: (Per S.S.Shinde, J.):
1. Heard.
2. Rule. Rule made returnable
forthwith, and heard finally with the consent
of the parties.
3. This Application is filed praying
therein for quashing and setting aside the
First Information Report bearing Crime
No.164/2015, registered with Itwara Police
Station, Nanded, for the offence punishable
under Section 498A of the Indian Penal Code
to the extent of applicants.
4. Heard the learned counsel appearing
for the parties.
913.2016 Cri.Appln.odt
5. Pursuant to the notices issued to
the respondents, respondent no.2 has filed
affidavit-in-reply and contested the
averments in the application on merits.
6. In reply to the affidavit-in-reply
filed by respondent no.2, applicants have
filed rejoinder-affidavit. It is stated in
the said rejoinder-affidavit that, since 10th
February, 2017, the informant had joined the
company of her husband, and also compromised
the proceedings under Domestic Violence Act
before Lok Adalat, Nanded. The learned
counsel appearing for respondent no.2, on
instructions, submits that it is true that
respondent no.2 has joined the company of her
husband, therefore, it appears that the
parties have amicably settled the dispute and
decided to stay together.
7. The applicants are married sisters
of the accused namely Shahnawaz Khan, and it
913.2016 Cri.Appln.odt
is claimed by them that they are residing at
their matrimonial houses after their
marriage. It appears that the applicants have
got married long back and residing at their
matrimonial houses.
8. In that view of the matter, no
fruitful purpose would be served by
continuing further investigation/proceedings
on the basis of the FIR bearing Crime
No.164/2015, registered with Itwara Police
Station, Nanded, for the offence punishable
under Section 498A of the Indian Penal Code
to the extent of applicants. Hence, keeping
in view the exposition of law by the Supreme
Court in the case of Gian Singh Vs. State of
Punjab & another1, we are of the opinion
that, the FIR bearing Crime No.164/2015,
registered with Itwara Police Station,
Nanded, for the offence punishable under
Section 498A of the Indian Penal Code to the
1 2012 AIR SCW 5333
913.2016 Cri.Appln.odt
extent of applicants, deserves to be quashed
and set aside.
9. Criminal Application is allowed in
terms of prayer clause-B. Rule is made
absolute on above terms and the Criminal
Application stands disposed of accordingly.
[K.K.SONAWANE] [S.S.SHINDE]
JUDGE JUDGE
DDC
