Salim Shah Noor Shah And 3 Others vs State Of Mah. Thr. Pso Ps Nagpuri ...
2021 Latest Caselaw 14494 Bom

Judgment

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

           CRIMINAL APPLICATION (APL) NO.614 OF 2021

1. Salim Shah Noor Shah,
Aged about 60 years, occupation retired.

2. Meraj Bano Salm Shah,
Aged 55 years, occupation household.

3. Naushin Shah Salim Shah,
Age 23 years, occupation legal practitioner.

Applicant Nos.1 to 3 r/o Gulshan Nagar,
Pandharkawda Road, Yavatmal.

4. Yasmin Parveen Karim Shah,
Age 31 years, occupation household,
R/o Ner Parsopant, Yavatmal.                        ..... Applicants.

                                :: V E R S U S ::

1. The State of Maharashtra,
PSO PS Nagpuri Gate, Amravati.

2. Sadaf Anjum Sajid Raza Shah,
R/o c/o Yunus Ali Habib Ali,
Gulista Nagar No.2, near Jamil Colony,
Amravati.                         ..... Non-applicants.
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Shri M.N.Ali, Counsel for Applicants.
Shri S.S.Shingane, Counsel for Non-applicant No.2.
Shri S.S.Doifode, Additional Public Prosecutor for Non-applicant
No.1/State.
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             CORAM              : V.M.DESHPANDE & AMIT B.BORKAR, JJ.
             DATE               : OCTOBER 05, 2021

ORAL JUDGMENT (Per : Amit B.Borkar, J.)

1.             Heard learned counsel Shri M.N.Ali for applicants,

learned counsel Shri S.S.Shingane for non-applicant No.2, and

learned Additional Public Prosecutor Shri S.S.Doifode for non-

applicant No.1/State. Rule.            Rule is made returnable forthwith.

Heard finally by consent of learned counsel for parties.


2.             By this application under Section 482 of the Criminal

Procedure Code, applicants, who are in-laws of non-applicant

No.2, have challenged First Information Report vide Crime

No.264/2021 registered with Nagpuri Gate Police Station,

Amravati for offences punishable under Sections 498A, 504, and

506 read with Section 34 of the Indian Penal Code.


3.             Non-applicant No.2 lodged first information report

against applicants and her husband/accused No.1. It is stated in

the first information report that her marriage was performed on

28.11.2019. After her marriage, though for some time her care

was taken, applicants and her husband started harassing her


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physically and mentally. It is alleged that on 28.3.2000, applicants

assaulted non-applicant No.2 and non-applicant No.2 was required

to be admitted in hospital. Therefore, first information report was

lodged. Applicants have, therefore, prayed for quashing of the first

information report.


4.             On 7.7.2021, this Court issued Notices to non-

applicants. Non-applicant No.1/State filed its reply stating that

after registration of the first information report, investigating

agency recorded statement of non-applicant No.2 and her relatives

which corroborates the case of the prosecution.


5.             Non-applicant No.2 has not filed reply.


6.             We have carefully considered allegations made against

applicants in the first information report. Though there are vague

allegations regarding assault on non-applicant No.2, the same is

neither in the reply of investigating agency nor there is any

material produced by non-applicant No.2 to show that non-

applicant No.2 was assaulted as alleged in the first information

report.


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7.             In absence of the said material, it is not possible to

attribute any role to applicants in relation to the alleged assault.


8.             On careful consideration of the first information report

along with material produced, we are satisfied that allegations

against applicants, who are in-laws of non-applicant No.2, are

vague in nature.


9.             The Honourable Apex Court in the case of K.Subba

Rao and others vs. State of Telangana, reported at (2018)14 SCC

452 has held that in-laws of wife should not be roped in on the

basis of vague allegations.


10.            On considering the first information report along with

reply   by     non-applicant    No.1/State,   we    are     satisfied      that

continuation of the prosecution case would amount to abuse of

process of the Court. We, therefore, pass following order:


                                 ORDER

(1) First Information Report vide Crime No.264/2021 registered

with Nagpuri Gate Police Station, Amravati for offences punishable

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Judgment

apl614.21 36

under Sections 498A, 504, and 506 read with Section 34 of the

Indian Penal Code is hereby quashed and set aside as against

applicants only.

Rule is made absolute in aforesaid terms.

            JUDGE                                         JUDGE

!! BRW !!




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