Bombay High Court
Nilofar Yasmin Javed (In Jail) And ... vs State Of Maharashtra Thr. Police ... on 27 November, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.722 OF 2017
1. Nilofar Yasmin Javed Ali,
Aged about 27 years, Occ.
Nurse, Near Wahid Khan
D.Ed. College, Amravati
City, District Amravati.
2. Firoz Shah @ Bhuriya s/o.
Yusuf Shah, Aged 30 years,
Occ. Business, Nagpuri Gate,
Amravati.
3. Maqsood (Steelwala) Ahmed
s/o. Mansoor Ahmed, Aged
38 years, Occ. Business,
Nagpuri Gate, Amravati. .......... APPLICANTS
// VERSUS //
State of Maharashtra,
Through Police Station Officer,
Police Station, Nagpuri Gate,
Amravati City, District Amravati. .......... RESPONDENT
::: Uploaded on - 29/11/2017 ::: Downloaded on - 30/11/2017 01:42:30 :::
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____________________________________________________________
Mr.Rashid Haque, Advocate for the Applicants.
Mr.V.P.Gangane, A.P.P. for the Respondent/State.
____________________________________________________________
CORAM : R.K.DESHPANDE
AND
M.G.GIRATKAR, JJ.
DATED : 27th November, 2017.
ORAL JUDGMENT (Per M.G.Giratkar, J) :
1. The Criminal Application is admitted and heard finally
with the consent of the learned Counsel for the respective parties.
2. Applicant nos. 1 to 3 have filed the present application
praying to quash and set aside the First Information Report
No.0276/2017, dt.23rd of August, 2017 registered by Police Station,
Nagpuri Gate, Amravati City lodged by applicant no.1 against
applicant nos. 2 and 3.
3. It is stated by the applicants that applicant no.1 married
with Javed Ali, resident of Akot on 17th June, 2007. In the month of
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December, 2016, there was a dispute between applicant no.1 and her
husband. Applicant no.1 went to her parents at Vadner Gangai along
with dowry articles. She was helped by applicant no.3 Maqsood
Ahmed. Her daughter was studying. Therefore, she shifted to
Amravati. Applicant no.2 Firoz Shah helped her by getting rented
premises for her. He also gave helping hand for getting her work in
the hospital as a nurse.
4. It is the case of applicant no.1 that applicant no.2 Firoz
Shah fell in her love. He was asking her to perform marriage with
him. She was ready to marry with Firoz. Applicant no.3 Maqsood
Ahmed came to know about the relations of applicant no.2 Firoz with
applicant no.1 Nilofar. Therefore, there was a quarrel between
applicant no.1 and applicant nos.2 and 3. She was under mental
tension. Therefore, she lodged report against applicant nos. 2 and 3
alleging that they committed rape on her. It is submitted by the
applicants that applicant no.1 lodged report due to misunderstanding
and loss of mental balance.
5. Heard Mr.R.A.Haque, learned Counsel for the applicants.
He has identified applicant no.1. She is present before the Court. We
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have asked her about the contents of application. She has stated that
she along with applicant nos. 2 and 3 have arrived at compromise.
Compromise deed is reduced into writing and is filed on record as
Annexure-II. She has stated in the Compromise deed that, due to
misunderstand and loss of mental balance, she lodged report against
applicant nos. 2 and 3. It is further stated that she does not want to
prosecute both applicant nos. 2 and 3 and hence, she has prayed
before us to quash the F.I.R. lodged by her.
6. Applicant no.1 i.e. the complainant herself is praying to
quash the F.I.R. Therefore, keeping case pending against applicant
nos. 2 and 3 is nothing but abuse of process of Court because
applicant no.1 will not depose against them. There is remote chance
of any conviction. Hence, in view of Judgments of Hon'ble Supreme
Court in the case of Gian Singh vs. State of Punjab and another
reported in (2012) 10 SCC 303 and Narinder Singh and Others vs.
State of Punjab and Others, (2014) 6 SCC 466, the First
Information Report lodged by applicant no.1 is liable to be quashed
and set aside. Hence, we allow the application in terms of prayer
clause (a) therein, which reads as under :
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"(a) The First Information Report No.0276/2017,
dated 23rd of August, 2017, registered by the non-
applicant-Police Station, Nagpuri Gate, Amravati City,
District Amravati (Annexure-II) against the applicant
nos. 2 and 3 alleging commission of the offences
punishable under Sections 376, 376-D, 452 and 506(B)
of Indian Penal Code, 1860 may kindly be quashed and
set aside in the interests of justice."
No order as to costs.
JUDGE JUDGE
[jaiswal]
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