Afzal Khan S/O Mannan Khan And 7 ... vs The State Of Maharashtra, Thr. Pso ...
2021 Latest Caselaw 632 Bom

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

                CRIMINAL APPLICATION (APL) NO.31 OF 2021

  1.       Afzal Khan S/o Mannan Khan, aged
           about 28 yrs, Occ. Business,

  2.        Abdul Mannan Khan Rehman Khan,
            aged about 63 yrs, Occ. Business

  3.        Ishrat Parveen Abdul Mannan Khan,
            Aged about 58 yrs. Occ. Household

  4.        Faiza Abdul Mannan Khan, Aged
            about 24 yrs. Occ. Doctor

  5.        Asif Adnan Abdul Mannan Khan, Aged
            about 34 yrs. Occ. Business,

            Sr. No.1 to 5 R/o House No.84, Mata
            Gali Joharipur, Mahal, Nagpur

  6.        Ayesha Ahfaz Hussain, Aged about 32
            yrs, Occ. Household,

  7.        Ahfaz Azhar Hussain, Aged about 35
            yrs. Occ. Business,

            Sr. No. 6 and 7 Sabgam Nagar, Behind
            Rathod Lawn, Gorewada Road,
            Mankapur, Nagpur

  8.        Sanuber Jabeen W/o Afzal Khan, Aged
            about 28 yrs. Occ. Household, R/o
            House No.84, Mata Gali Joharipur,
            Mahal, Nagpur                                       ....APPLICANTS


                                 // VERSUS //


  1.       State of Maharashtra, through
           P.S.O. P.S. Ganeshpeth, Nagpur                  .... NON-APPLICANT




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  Shri Anil Gedam, Advocate for the applicants.
  Ms. Mayuri Deshmukh, APP for the non-applicant/State.

                               CORAM : Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATE : 12.01.2021.

ORAL JUDGMENT: [PER: Z.A. HAQ, J.]

1. Heard.

2. Rule. Rule made returnable forthwith.

3. This application under Section 482 of the Code of

Criminal Procedure is filed jointly by the husband, his relatives

(applicant Nos.1 to 7) and the wife (applicant No.8) praying that

the First Information Report bearing Crime No.580/2019 and

consequential RCC No.93/2021 registered and filed against the

applicant Nos. 1 to 7 be quashed.

4. The proceedings came to be initiated against the

applicant Nos. 1 to 7 on the report lodged by the applicant No.8 for

the offence punishable under Sections 498-A and 34 of the Indian

Penal Code.

5. Shri Anil Gedam, learned Advocate for the applicants has

pointed out the document (settlement deed) placed on record as

Annexure-C at page No.21 and submitted that the matter is

2 apl 31.21.jud.odt

amicably worked out between the parties. The Criminal Application

before this Court is supported by the affidavit of applicant No.1

(husband) and applicant No.8 (wife). According to the parties, the

applicant No.1 (husband) and applicant No.8 (wife) are now

residing together and the applicant No.8 does not have any

grievance against the applicant Nos. 1 to 7.

6. Considering the above facts, we are satisfied that

jurisdiction under Section 482 of the Code of Criminal Procedure

should be exercised and the First Information Report registered

against the applicant Nos. 1 to 7 and consequential RCC

No.93/2021 pending before the trial Court against the applicant

Nos. 1 to 7 should be quashed.

7. Hence the following order:- [

(i) The First Information Report registered against the

applicant Nos. 1 to 7 vide Crime No.580/2019 and consequential

RCC No.93/2021 pending before the trial Court are quashed.

8. Rule is made absolute accordingly.

                             JUDGE                                JUDGE
manisha