Mohd. Razique S/O Abdul Gaffar And ... vs State Of Maharashtra, Through ...
2021 Latest Caselaw 4212 Bom

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

                     CRIMINAL APPLICATION (APL) NO. 759/2015


 1]       Mohd. Razique S/o Abdul Gaffar,
          Aged about 32 years, Occ. Business,

 2]       Mohd. Sharique S/o Abdul Gaffar,
          Aged about 40 years, Occ. Business,

 3]       Nilofer Shaikh W/o Mohd. Sharique,
          Aged about 32 years, Occ. House wife,

 4]       Mohd. Arif S/o Abdul Gaffar,
          Aged about 34 years, Occ. Mechanic,

 5]       Samina Shaikh W/o Mohd. Arif,
          Aged about 30 years, Occ. Housewife,

 6]       Mohd. Zahid S/o Abdul Gaffar,
          Aged about 37 years, Occ. Business,

          All R/o. Plot No. 8, Kohinoor Society,
          Pandharkawda Road, Yavatmal

 7]       Yasmeen Tabbasum W/o Quazi Noor Ali,
          Aged about 42 years, Occ. Service

          R/o. Kohinoor Society Near Kohinoor
          Masjid Wani Road, Yavatmal

 8]       Heena Anjum D/o Abdul Gaffar,
          Aged about 32 years, Occ. Household,
          R/o. Plot No. 8, Kohinoor Society,
          Pandharkawda Road, Yavatmal
                                                                  .... APPLICANT(S)

                                   // VERSUS //

 1]       State of Maharashtra,
          Through Officer In-charge of Police Station,
          Gadgenagar, Amravati

 ANSARI



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 2]       Saleha Tabassum W/o Mohd. Razique
          @ Saleha Tabassum D/o Ashfaque Ahmed,
          Aged about 26 years, R/o. C/o. Ashfaque
          Ahemad Mohd. Rafique, Ahbab Colony,
          Walgaon Road, Amravati
                                                             .... NON-APPLICANT(S)

  *******************************************************************
               Shri R.J. Mirza, Advocate for the applicant(s)
               Shri T.A. Mirza, APP for the non-applicant no. 1
  *******************************************************************

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

MARCH 08, 2021

ORAL JUDGMENT : (PER:- AMIT B. BORKAR, J.)

1] Heard.

2] By this application under Section 482 of the Code of Criminal

Procedure, the applicants have challenged registration of F.I.R.

No. 116/2015 dated 01/04/2015 registered with the non-applicant no. 1 -

Police Station for the offences punishable under Sections 498-A and 34 of the

Indian Penal Code.

3] The first information report came to be registered against the

applicants with the accusations that the applicants treated the non-applicant

no. 2 with physical and mental cruelty.

 ANSARI




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 4]               The applicants have therefore challenged registration of the first

information report by filing the present application. This Court on

29/10/2015 issued notice to the non-applicants and by way of ad-interim

order, it was directed that charge-sheet should not be filed against the

applicants. This Court on 01/02/2016 admitted the present application and

continued the interim relief granted on 29/10/2015.

5] During the pendency of the present application, the applicants

and non-applicant no. 2 have arrived at mutual settlement and have executed

Mubaratnama dated 29/03/2017, copy of which is annexed to the present

application. In the said Mubaratnama, it is agreed that on payment of

Rs. 50,000/-, the non-applicant no. 2 shall withdraw the prosecution against

the applicants. The applicants in pursuance of the order of this Court dated

17/02/2021 have deposited an amount of Rs. 50,000/- with the registry of

this Court by demand draft on 02/03/2021.

6] In view of the settlement between the applicants and non-

applicant no. 2 and the contents of Mubaratnama which have been affirmed

by the non-applicant no. 2, we are satisfied that the first information report

which contains the allegations of personal nature can be quashed and set

aside.

 ANSARI




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 7]               We therefore, pass the following order:-

First Information Report No. 116/2015 dated 01/04/2015

registered with the non-applicant no.1-Police Station for the

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

Penal Code is quashed and set aside.

Rule is made absolute in the above terms.

The non-applicant no. 2 is permitted to withdraw the amount of

Rs. 50,000/- deposited by the applicants with the registry of this Court on

02/03/2021.

The applicant no. 1 shall communicate copy of this order to the

non-applicant no. 2 by SPAD and shall file affidavit of compliance on record

of this application within one week.

In addition to the communication by the applicant no. 1, the In-

charge of the non-applicant no. 1 - Police Station shall also communicate

copy of this order to the non-applicant no. 2.

                   JUDGE                                     JUDGE




 ANSARI