Bombay High Court
Nizam Rehmat Khan And Ors vs The State Of Maharashtra And Anr on 3 July, 2021
Bench: S.S. Shinde, N. J. Jamadar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2048 OF 2021
1. Mr. Nizam Rehmat Khan
Aged about 31 years
2. Mr. Rehmat Iman Khan,
Aged about 67 years
3. Mrs. Firdos Rehmat Khan
Aged about 60 years
All residing at Room No.12, Shivaji Nagar,
Municipal Chawl No.1, Section 1, D.G.
Mahajani Road, Opp. Fatima High School,
Sewri, Mumbai-400 015
4. Mr. Rafique Hassan Kazi
Aged about 45 years
5. Mrs. Shagufta Rafique Kazi,
Aged about 45 years
Both residing at Room No.1,
Municipal Chawl No.16,
Sewri Cross Road,
Sewri, Mumbai-400 015
6. Mr.Mohammad Hanif Hasan Khan
Aged about 26 years
7. Mrs. Anjum Hanif Khan
Aged about 39 years
Both residing at Chawl No.4,
Room No.11, Sewri Cross Road,
Near Muqqaddas Masjid,
Sewri, Mumbai 400 015. ...Petitioners
vs.
1. The State of Maharashtra
(Through the Senior Inspector of
R.A.K. Marg Police Station, Mumbai.
2. Mrs. Sana Nizam Rehmat Khan,
Residing at Rahat Nagar, Room No.21,
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Gate No.6, Sewri Cross Road,
Near Police Beat No.3, Wadala,
Mumbai - 400 031. ...Respondents
****
Mr. Ajay Tripathi for petitioners.
Mrs. S.D. Shinde, APP for respondent No.1-State.
Ms. Khurshida Khan for respondent No.2.
Mrs. Sana Nizam Rehmat Khan-respondent No.2 present through
V.C.
****
CORAM : S. S. SHINDE &
N. J. JAMADAR, JJ.
DATE : 3rd JULY, 2021
(THROUGH VIDEO CONFERENCE)
ORAL JUDGMENT (PER N.J. JAMADAR, J.) :
1. Leave to amend. Amendment be carried out forthwith.
2. Rule. Rule is made returnable forthwith and with the consent
of the learned counsels of the parties, heard finally at the stage of
admission.
3. This petition under Article 226 of the Constitution of India and
section 482 of the Code of Criminal Procedure, 1973 is filed seeking
to quash and set aside the proceedings bearing No. PW/299/2021,
13th Court, Boiwada, Dadar, Mumbai arising out of FIR No.
255/2020 registered against the petitioners with R.A.K. Marg Police
Station, Mumbai for the offence punishable under section 498-A
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read with section 34 of the Indian Penal Code, 1860 ('the Penal
Code').
4. The petitioners have been arraigned for the offence punishable
under section 498-A read with section 34 of the Penal Code for
having subjected the respondent No.2-Mrs.Sana Nizam Rehmat
Khan, first informant, to cruelty. The marital dispute also led to
institution of a proceeding under the Protection of Women from
Domestic Violence Act, 2005.
5. The petitioners have approached the Court with the assertion
that, in the intervening period, the matrimonial dispute has been
amicably resolved. The marriage between the petitioner No.1 and
respondent No.2-the first informant has been dissolved in terms of
'Khula', obtained by the respondent No.2 on 21 st April 2021. Hence,
the petitioners have prayed for quashing and setting aside the above-
referred prosecution.
6. The learned counsels for the petitioners and the respondent
No.2 submit that the parties have amicably resolved all the disputes.
Consent terms have been filed before the Court of Metropolitan
Magistrate, Dadar, Mumbai. A copy of the consent terms is annexed
to this petition. The respondent No.2-first informant has also filed an
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affidavit before this Court. Paragraph Nos.2 and 5 of the affidavit
read as under :
"2. I say that, the disputes and
misunderstandings between me and the
petitioners are amicably settled and the same
settlement/compromise arrived through the
consent term before the Hon'ble 13th
Metropolitan Magistrate Court at Boiwada in C.C.
No. 53/DV/2020 and in said case, Petitioners and
myself filed consent terms dated 26.02.2021. The
said consent terms already annexed to the above
Petition at '19-24'. I rely upon and admit the
contents of the said consent terms. I say that in
view of said consent terms, myself and Petitioner
No.1 agreed to separate from each other wherein
I agreed to give "KHULANAMA" to the Petitioner
No.1, which I have given by executing the
"KHULANAMA" dated 21.04.2021 in accordance
with Shariat law and also in furtherance of the
said consent terms. Hereto annexed and marked
as Exhibit "A & A1" is a copy of the
"KHULANAMA" and also copy of translation
thereof.
...............
5.I say that I have no objection if the complaint
against the present petitioners with the R.A.K.
Marg Police Station, Mumbai as F.I.R. bearing No.
255 of 2020, for offences under Section498A,
r/w. 34 of the Indian Penal Code, 1860 and also
all the other proceedings arising therefrom are
quashed. I say that, I do not want to pursue the
said complaint and further proceedings arising
out of it as the same shall not serve any purpose
to anybody. Hence, it is my desire and also
humble request not to proceed and/or pursue
with the above FIR and any criminal proceedings
arising out of it."
7. Ms.Sana Khan, respondent No.2-first informant appeared
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before the Court through video conference. The respondent No.2
admits the contents of the consent terms as well as the assertions in
the affidavit. The respondent No.2 is identified by the learned
counsel for respondent No.2. The respondent No.2 submitted that
she has decided to settle the matrimonial dispute with the petitioner
No.1 out of her own volition. There is no coercion or duress.
8. Evidently, the marital discord between the petitioner No.1 and
respondent No.2 was the genesis of the offence. The parties have
decided to bury the hatchet. The marriage between the petitioner
No.1 and respondent No.2 is dissolved by executing a "Khulanama".
They have parted ways. In the circumstances, continuation of the
instant prosecution would serve no fruitful purpose. In view of the
settlement between the parties, the possibility of the prosecution
ending in conviction is very remote and bleak. On the contrary,
continuation of the prosecution would cause a serious prejudice to
the parties. Thus, in order to secure the ends of justice and prevent
the abuse of the process of the Court, we are persuaded to quash the
case bearing No.PW/299/2021, pending on the file of 13 th Court,
Boiwada, Dadar, Mumbai.
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9. Hence, the following order :
ORDER
(i) The petition stands allowed in terms of
prayer clause (a).
(ii) The case, bearing No. PW/299/2021, 13th
Court, Boiwada, Dadar, Mumbai arising out of
FIR No. 255 of 2020 registered against the
petitioners with R.A.K. Marg Police Station
stands quashed and set aside.
(iii) Rule made absolute in the aforesaid
terms.
(N. J. JAMADAR, J.) (S. S. SHINDE, J.)
Shraddha Talekar, PS 6/6
