Kashif Khan S/O Kalim Khan And 2 ... vs State Of Mha. Thr. Ps Mankapur ...
2021 Latest Caselaw 15460 Bom

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    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              NAGPUR BENCH, NAGPUR.
     CRIMINAL APPLICATION (APL) NO. 1179 OF 2021

1. Kashif Khan s/o Kalim Khan,
   aged about 45 years, Occ. Business,
   R/o Jafar Nagar Idgah, Gittikhadan,
   Mankapur, Nagpur.

2. Mabood Patel @ Firoz Khan,
   aged about 47 years, Occ. Business,
   R/o Umar House, Mankapur,
   Nagpur.

3. Anwar Sheikh s/o Latif Sheikh,
   aged about 45 years, Occ. Business,
   R/o Behind Ayyappa Temple,
   Plot No. 66, Rathod Layout,
   Mankapur, Nagpur.
                                                                                     ...APPLICANTS

               Versus

State of Maharashtra,
through Police Station Mankapur,
Nagpur.
                                                                         ...RESPONDENT
------------------------------------------------------------------------------------------------
Shri K.S. Motwani, Advocate for the applicants.
Shri S.M. Ghodeswar, A.P.P. for the respondent.
------------------------------------------------------------------------------------------------------------


                                   CORAM : M.S. SONAK AND
                                           PUSHPA V. GANEDIWALA, JJ.

                                    DATED : 27/10/2021

 ORAL JUDGMENT : (PER PUSHPA V. GANEDIWALA, J.)

                  Heard.




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2.             Rule. Rule is made returnable forthwith.

3.             This is a joint application filed by the accused and the
complainant under Section 482 of the Code of Criminal Procedure
seeking quashment of the First Information Report No.268/2021
registered at Police Station, Mankapur, District - Nagpur for the
offences punishable under Sections 325, 452 and 504 read with
Section 34 of the Indian Penal Code.

4.             It is stated that the sister of applicant No.1 is married
with the applicant No.3 on 19/05/2010 as per the Muslim Rites and
Customs at Bhandara. That out of the said wedlock, they have two
children. That applicant No.2 is the maternal uncle of applicant
No.1.

5.             It is further stated that on 25/06/2021, there was some
quarrel between the sister of applicant No.1 and applicant No.3.
Applicant Nos.1 and 2 on the call of the wife of applicant No.3 had
been to the house of applicant No.3 to pacify the dispute. That some
exchange of arguments took place between the applicants on the
count of said quarrel, and under the heat of moment, applicant
No.3 lodged a report with the Police Station, Mankapur against
applicant Nos.1 and 2, on the basis of which the aforesaid FIR came
to be lodged for the offences as above.

6.             It is further stated that the sister of applicant No.1, i.e.,
the wife of applicant No.3 has also lodged complaint with the Police
Station, Mankapur, on the basis of which an FIR bearing No.
287/2021 came to be registered for the offence punishable under
Section 498A of the Indian Penal Code against applicant No.3.




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7.             It is further stated that with the intervention of the
elders, common friends and respectable persons of the Society, the
matter has been amicably settled between the parties.

8.             Today, the applicants are personally present before this
Court.     Shri     Motwani,   learned   counsel      for    the     applicants,
acknowledges their identity. Applicant No.3 states that he wants to
withdraw all the allegations, proceedings and report filed by him
against applicant Nos.1 and 2, and that the parties have no grudge
against each other.

9.             In the background of facts as aforesaid, so also relying on
the ratio laid down by the Hon'ble Supreme Court in the case of
B.S. Joshi and others Vs. State of Haryana and another , (2003) 4
SCC 675, we are inclined to allow the application and hence, we
pass the following order:-

                                   ORDER

i. The Criminal Application is allowed.

ii. The First Information Report No.268/2021 registered at Police Station, Mankapur, District - Nagpur for the offences punishable under Sections 325, 452 and 504 read with Section 34 of the Indian Penal Code, is quashed and set-aside, subject to depositing costs of Rs.15,000/- (rupees fifteen thousand) to be payable equally by the applicants with the High Court Legal Services Sub-Committee, Nagpur.

21APL 1179-2021.odt

iii. Rule is made absolute in the aforesaid terms.

(PUSHPA V. GANEDIWALA, J.) (M.S. SONAK, J.)

Sumit