Ikram Khan S/O. Nazir Khan And Anr vs The State Of Maharashtra Thr. ...
2021 Latest Caselaw 1471 Bom

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

                 CRIMINAL APPLICATION (APL) NO.71 of 2019

  1.              Ikram Khan s/o Nazir Khan,
                  Age: 32 years, Occupation: Govt. Teacher
                  R/o Gandhi Chowk, Prabhat Talkies road,
                  Taluka: Karanja, District Washim.

  2.              Nemat Khan s/o Hafiz Khan,
                  Age: 40 years Occupation: Govt. Teacher,
                  R/o-Masjidpura,
                  Taluka: Karanja, District: Washim.                ....APPLICANTS


                                      // VERSUS //


  1.              The State of Maharashtra,
                  Through the P.S.O. of P.S.Karanja,
                  District : Washim.


  2.              NafeesJahaanMohd. Muzzammil,
                  Age: 35 years, Occupation: Govt. Teacher,
                  r/o Dapnipura,
                  Taluka: Karanja, District: Washim       .... NON-APPLICANTS

  Shri P.W. Mirza, Advocate for the applicants.
  Shri S.D. Sirpurkar, A.P.P. for the non-applicant No.1/State.
  Shri R.D.Karode, Advocate for the non-applicant No.2.
  ______________________________________________________________________
                               CORAM : Z. A. HAQ AND
                                          AMIT B. BORKAR, JJ.

DATE : 21.01.2021.

ORAL JUDGMENT: [PER: AMIT B. BORKAR, J.]

1. Rule. Rule is made returnable forthwith.

38 apl 71.19.jud.odt

2. This is an application under Section 482 of the Code of

Criminal Procedure challenging the First Information Report

No.23/2018 for the offences punishable under Sections 354(A) 1,

2, 4 and 506 of the Indian Penal Code

3. The First Information Report came to be registered

against the applicants with the accusations that the applicants

offended modesty of the non-applicant No.2 and also threatened

her with her life. The applicants have therefore, filed present

application challenging registration of the First Information Report

and consequential charge-sheet pending on the present application.

The applicants and the non-applicant No.2 have amicably settled

disputes between them. The non-applicant No.2 has filed affidavit

dated 31st October 2020.

4. In paragraph No.3 of the affidavit, the non-applicant

No.2 has stated that the applicants and the non-applicant No.2

being in same profession and are of reputable families. They have

settled their disputes.

5. We have considered the allegations in the First

Information Report. Since the applicants and the non-applicant No.2

38 apl 71.19.jud.odt

have settled their disputes, the chance of conviction are bleak. No

purpose will be served by keeping the prosecution pending when

the Criminal Courts already over burden with the criminal

complaints. In view of judgment of Apex Court in the case of

Madan Mohan Abbot v. State of Punjab reported in (2008) 4 SCC

582, we are satisfied that the First Information Report and the

charge-sheet against the applicants deserve to be quashed and set

aside.

6. We therefore, pass the following order:

(i) The First Information Report No.23/2018 alongwith

charge-sheet No.26/2018 dated 8th June 2018 for the offences

punishable under Sections 354(A) 1, 2, 4 and 506 of the Indian

Penal Code registered with the non-applicant No.1-Police Station is

quashed and set aside.

Rule is made absolute in the above terms.

                             JUDGE                             JUDGE
manisha