Bombay High Court
Syed Altaf Husain Syed Mubasshir ... vs The State Of Maharashtra Thr. Pso ... on 19 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
Judgment 1 apl375.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 375 OF 2018
1. Syed Altaf Husain Syed Mubasshir Hussain,
Aged about 35 years, Occupation: Private,
R/o. Rahemat Nagar, Teacher Colony,
Chandrapur.
2. Syed Tafazzul Husain Syed Mubasshir Hussain,
Aged about 40 years, Occupation: Private,
3. Samina Yasmin Syed Tafazzul Husain,
Aged about 34 years, Occupation: Household,
Applicant No.2 and 3 R/o. C/o. Jabir Khan,
Teacher Colony, Chandrapur.
4. Samsunnisa Syed Mubasshir Hussain,
Aged about 70 years, Occu.: Household,
R/o. Saudagarpura, Talegaon Dashashar,
Tah. Dhamangaon, Dist. Amravati.
5. Sajeda Parveen Syed Sajid Ali,
Aged about 38 years, Occu.: Household,
R/o. Islampura, Kalam Chauk, Yavatmal
6. Wasima Bano Mohd Farukh,
Aged about 32 years, Occu.: Household,
R/o. Pathanppura, Nachangaon, Wardha.
7. Gulamoddin Qazi,
Aged about 60 years, Occu.: Private,
8. Mehrunnisa Gulamoddin Qazi,
Aged about 55 years, Occu.: Household,
9. Shabina Parveen Gulamoddin Qazi,
Aged about 30 years, Occu.: Household,
10. Rizwan Qazi Gulamoddin Qazi,
Aged about 28 years, Occu.: Private,
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Judgment 2 apl375.18.odt
Applicant Nos. 7 to 10 Camp Pulgaon,
Tah. Devli, Dist. Wardha.
11. Shabana Bano Nazir Ansari,
Aged about 40 years, Occu.: Household,
12. Nida Parveen Nazir Ansari,
Aged about 15 years, Occu.: Student,
through her natural Guardian Nazir Ansari.\
13. Nikhat Parveen @ Nikki Bashir Ansari,
Aged about 16 years, Occu.: Student,
through her natural Guardian Bashir Ansari.
Applicant Nos. 11 to 13 R/o. Saudagarpura,
Talegaon Dashashar, Tah. Dhamangaon,
Dist. Amravati.
.... APPLICANTS.
// VERSUS //
1. The State of Maharashtra,
P.S.O., P.S. Ramnagar,
Chandrapur.
2. Farhat Anjum Syed Altaf Hussain,
Aged about 28 years, Occ.: Housewife,
R/o. C/o. Abdul Syed Abdul Majid,
Dafnipura, Karanja Lad, Dist. Washim.
.... NON-APPLICANTS.
___________________________________________________________________
Shri M.N.Ali, Advocate for Applicants.
Ms Mayuri Deshmukh, A.P.P. for Non-applicant No.1/State.
Ms Geetabali Lande, Advocate for Non-applicant No.2.
___________________________________________________________________
CORAM : Z.A.HAQ AND AMIT B. BORKAR, JJ.
DATED : JANUARY 19, 2021.
ORAL JUDGMENT : (Per : Amit Borkar, J.)
1. Heard.
Judgment 3 apl375.18.odt
2. RULE. Rule is made returnable forthwith.
3. This is an application under Section 482 of the Code of
Criminal Procedure challenging First Information Report No.84 of 2018,
dated 25th January 2018, registered with non-applicant No.1-Police Station
for the offences punishable under Section 498-A read with Section 34 of the
Indian Penal Code.
4. The First Information Report came to be registered against the
applicants with the accusation that the applicants physically and mentally
harassed the non-applicant No.2. The applicant has therefore, filed present
application challenging registration of the First Information Report against
the applicant.
5. During pendency of the present application, the applicants and
the non-applicant No.2 have amicably settled their matrimonial dispute. The
applicants have placed on record document being Khulanama, wherein it is
stated that the non-applicant No.2 and applicant No.1 have settled their
dispute. In clause (3) of the said Khulanama it has been agreed by the non-
applicant No.2 that she will be withdrawing all the criminal proceedings
against the applicants.
6. In view of the fact that the parties have settled the matrimonial
dispute amongst them and the offences which are alleged against the
Judgment 4 apl375.18.odt
applicant being of personal nature no purpose would be served by keeping
the First Information Report and the proceedings in relation to it pending
before the Court.
7. The Hon'ble Apex Court in the case of Madan Mohan
Abbot..vs..State of Punjab, reported in (2008) 4 SCC 582 in paragraph No.6
has taken a view that in case of amicable resolution of the offences of
personal nature, it is advisable to quash the proceedings in view of the large
pendency of the criminal disputes in Criminal Courts.
8. Taking into consideration the resolution of the dispute between
the applicants and the non-applicant No.2, we are satisfied that no purpose
will be served by continuing the prosecution against the applicants.
9. We, therefore, pass the following order:
First Information Report bearing Crime No.84 of 2018, dated
25th January 2018, registered with non-applicant No.1-Police Station for the
offence punishable under Section 498A read with Section 34 of the Indian
Penal Code is quashed and set aside.
Rule is made absolute accordingly.
Judgment 5 apl375.18.odt
10. Fees of Ms Geetabali Lande, Advocate appointed to represent
the non-applicant No.2 be quantified as per the Rules.
CRI.APPLN.NO. 744/2018.
In view of disposal of Criminal Application No. 375 of 2018,
this application praying for time to remove office objections does not survive,
hence, it is disposed of.
(AMIT B. BORKAR, J) (Z.A.HAQ, J)
RRaut..
