Mohammed Abdul Rahil S/O. Haji ... vs State Of Maharashtra Thr. Officer ...
2017 Latest Caselaw 8893 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY, 
                      NAGPUR BENCH, NAGPUR.

                 Criminal Application (APL) No. 786 of 2017

Applicants :                         (1)  Mohammed Abdul Rahil S/o Haji 
                                            Abdul Hamid, aged 32 years, 
                                            Occupation - Service, resident of 
                                            Hatipura, Chandani Chowk, Amravati,  
                                            Tahsil & District Amravati (Maharashtra 
                                            State).
                                     (2)  Shaima Saba D/o Haji Abdul Hamid 
                                            (earlier Shaima Saba W/o Mohammed 
                                            Abdul Rahil), aged about 26 years, 
                                            Occupation - Household, resident of 
                                            108, Ayyappa Nagar, New Ring Road, 
                                            Nagpur, Tahsil & District Nagpur  
                                            (Maharashtra State).
                                     (3)  Haji Abdul Hamid Abdul Rashid, 
                                            Aged - 72 years, Occupation - Pensioner, 
                                            resident of Hatipura, Chandani Chowk, 
                                            Amravati, Tahsil & District Amravati 
                                            (Maharashtra State).
                                     (4)  Mohammed Abdul Sharjeel S/o Haji 
                                            Abdul Hamid, Aged - 32 years, 
                                            Occupation - Business, 
                                            resident of Hatipura, Chandani Chowk, 
                                            Amravati, Tahsil & District Amravati 
                                            (Maharashtra State).
                                     (5)  Mohammed Abdul Uzair S/o Haji 
                                            Abdul Hamid, Aged - 33 years, 
                                            Occupation - Business, 
                                            resident of Hatipura, Chandani Chowk, 
                                            Amravati, Tahsil & District Amravati 
                                            (Maharashtra State).
                                     (6)  Tasnim w/o Rehana Haji Abdul Hamid
                                            aged - 65 years, Occupation-  Household,
                                            resident of Hatipura, Chandani Chowk, 
                                            Amravati, Tahsil & District Amravati 
                                            (Maharashtra State).

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                                     (7) Nazeesh Bano D/o Haji Abdul Hamid,
                                           aged - 35 years, Occupation - Household, 
                                           resident of Hatipura, Chandani Chowk, 
                                           Amravati, Tahsil & District Amravati 
                                           (Maharashtra State).

                                            //  Versus //

Non-applicant :-                           State of Maharashtra,
                                           Through Officer Incharge, Nagpuri Gate 
                                           Police Station, Amravati, 
                                           Tahsil & District - Amravati. 

Shri A. N. Ansari with H. N. Bhondge, Advocates for the applicants 
Shri M. K. Pathan, Additional Public Prosecutor for the non-applicant
                         
                                  CORAM      :  R. K. DESHPANDE AND
                                                  M. G. GIRATKAR, JJ.
                                             DATE   :  21-11-2017.

JUDGMENT (Per : M. G. GIRATKAR, J.)

Rule. Rule made returnable forthwith.

2. By the present application, the applicant nos. 1 to 7 prayed to

quash Regular Criminal Case No. 908/2017 pending before the 4 th Joint

Civil Judge Junior Division and Judicial Magistrate First Class, Amravati.

3. Marriage of applicant no. 1 with applicant no. 2 was

solemnized on 18-12-2015 as per Muslim rites and customs. After the

solemnization of marriage, applicant no. 2 resided with applicant no. 1 at

her matrimonial house at Amravati. Due to differences between the

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applicant no. 1 and 2, both of them resided separately since 24-2-2016.

4. Under the heat of anger, applicant no. 2 lodged the

complaint with Mankapur Police Station, Nagpur on 12-8-2016. Crime

No. 00/2016 was registered and transferred to Police Station, Nagpuri

Gate, Amravati. Offences punishable under Sections 498-A, 406 read

with Section 34 of the Indian Penal Code were registered against the

applicant nos. 1 and applicant nos. 3 to 7.

5. It is submitted that there were several litigations between the

parties against each other. All the matters are compromised between

the parties before the Mediator of Family Court, Nagpur in Petition

No. E-372/2016. Accordingly, agreement of settlement between the

parties was executed before mediator (Annexure-2). As per the

agreement, applicant no. 1 paid Rs. 50,000/- in cash to the applicant

no. 2 before the mediator. Rs. 1,00,000/- was paid by cheque dated

11-10-2017 and agreed to pay balance amount of Rs. 5,00,000/- at the

time of quashing of Regular Criminal Case No. 908/2017. It is submitted

that as per the agreement, applicant no. 1 has to return streedhan, dahej

and gift articles to the applicant no. 2. The applicant no. 1 has to deposit

balance amount before the Family Court. The applicant no. 2 shall

withdraw the petition bearing no. E-372/2016 pending before the Family

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Court No. 3, Nagpur and also shall withdraw the other proceedings

instituted by her.

6. Today, the applicant nos. 1 and 2 are present with their

counsel Shri A. N. Ansari and Shri Bhondge. They have stated before us

that applicant nos. 1 and 2 settled their all disputes as per Annexure-2.

The applicant no. 2 has stated before us that she lodged the report due to

misunderstanding. She do not want to prosecute applicant nos. 1, 3, 4,

5, 6 and 7. Looking to the settlement between the parties, there will not

be any remote chances of any conviction. Pendency of criminal case

before the Court is nothing but abuse of process of Court. Hence, we

pass following order.

(a) Criminal application is allowed in terms of prayer clause (i)

and we hereby quash Regular Criminal Case No. 908/2017 (State

of Maharashtra Versus Haji Abdul Hamid Abdul Rashid and five

others) pending before the 4th Joint Civil Judge Junior Division

and Judicial Magistrate First Class, Amravati.

(b) No order as to costs.

7. Rule is made absolute in aforesaid terms.

                       JUDGE                                       JUDGE
wasnik


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