Bombay High Court
Anwar Sheikh S/O Latif Sheikh And 2 ... vs State Of Mha. Thr. Ps Mankapur ... on 27 October, 2021
Bench: M.S. Sonak, Pushpa V. Ganediwala
13APL 1171-2021.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1171 OF 2021
1. Anwar Sheikh s/o Latif Sheikh,
Aged about 45 years, Occ. Business.
2. Aslam Sheikh s/o Latif Sheikh,
Aged about 47 years, Occ. Business.
3. Smt. Shahewar w/o Anwar Sheikh,
Aged about 42 years, Occ. Housewife.
All are R/o Behind Ayyappa Temple,
Plot No.66, Rathod Layout, Mankapur, Nagpur.
...APPLICANTS
Versus
State of Maharashtra,
through Police Station Mankapur,
Nagpur.
...RESPONDENT
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Shri K.S. Motwani, Advocate for the applicants.
Shri S.M. Ghodeswar, A.P.P. for the respondent.
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CORAM : M.S. SONAK AND
PUSHPA V. GANEDIWALA, JJ.
DATED : 27/10/2021
ORAL JUDGMENT : (PER PUSHPA V. GANEDIWALA, J.)
1. Heard.
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
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seeking quashment of the First Information Report No.287/2021
registered at Police Station, Mankapur, District - Nagpur for the
offences punishable under Sections 498A, 323, 504 and 506 read
with Section 34 of the Indian Penal Code, and Sections 3 & 4 of the
Dowry Prohibition Act, 1961.
4. Applicant No.1 is the husband of the complainant,
applicant No.2 is the elder brother of applicant No.1, and applicant
No.3 is the complainant.
5. It is stated that the marriage between applicant Nos.1
and 3 was solemnized on 19/05/2010 as per the Muslim Rites and
Customs at Bhandara. That out of the said wedlock, they have two
children.
6. With regard to the incident, it is stated that on
25/06/2021, there was exchange of arguments between applicant
Nos.1 and 3, and in a 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
registered.
7. It is further stated that with the intervention of the
elders, common friends and respectable persons of the Society,
applicant Nos.1 and 3 have settled their dispute amicably.
8. Today, applicant Nos.1 and 3 are personally present
before this Court. Shri Motwani, learned counsel for the applicants,
acknowledges their identity. Applicant No.3 states that she wants to
withdraw all the allegations, proceedings and report filed by her
against applicant Nos.1 and 2, and that the parties have no grudge
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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.287/2021 registered at
Police Station, Mankapur, District - Nagpur for the offences
punishable under Sections 498A, 323, 504 and 506 read with
Section 34 of the Indian Penal Code, and Sections 3 & 4 of the
Dowry Prohibition Act, 1961, is quashed and set-aside
iii. Rule is made absolute in the aforesaid terms.
(PUSHPA V. GANEDIWALA, J.) (M.S. SONAK, J.)
Sumit
