Bombay High Court
Bismilla Bi Sheikh Javed And 4 ... vs The State Of Maharashtra, Thr. ... on 16 September, 2021
Bench: V.M. Deshpande, Amit B. Borkar
Judgment 1 apl867.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 867/2021
1] Bismilla Bi Sheikh Javed,
Aged about 25 years, Occ. Home maker
2] Sheikh Javed Sheikh Samsher,
Aged about 37 years, Occ. Labour
3] Hafiza Bi Sheikh Samsher,
Aged about 55 years, Occ. Home maker
4] Sheikh Samsher Sheikh Noor,
Aged about 57 years, Occ. Driver
5] Shaikh Nisar Sheikh Samsher,
Aged about 37 years, Occ. Labour
Nos. 1 to 5 All R/o. Parvati Nagar,
Tah. Pusad District Yeotmal
6] Shahnaz Bi Sheikh Shabbir,
Aged about 33 years, Occ. Home maker,
R/o. Village Khandal, Tah. Pusad,
District Yeotmal
.... APPLICANT(S)
// VERSUS //
1] State of Maharashtra,
Through P.S.O.,
Police Station Vasantnagar,
Tq. Pusad, District Yavatmal
2] Rizwana Bi Sheikh Rahim,
Aged about 30 years, Occ. Home maker,
R/o. Ganganagar, Multan Wadi
Tah. Pusad, District Yavatmal
.... NON-APPLICANT(S)
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Judgment 2 apl867.21.odt
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Shri U.J. Deshpande, Advocate for the applicant(s)
Shri S.S. Doifode, APP for the non-applicant/State
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CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.
SEPTEMBER 16, 2021
JUDGMENT : (PER:- AMIT B. BORKAR, J.)
1] Heard.
2] RULE. Rule made returnable forthwith.
3] By this application under Section 482 of the Code of
Criminal Procedure, the applicants have challenged Criminal
Proceedings Bearing No. 01/2020 pending on the file of learned
Additional Sessions Judge, Pusad arising out of the F.I.R. No. 436/2018
dated 23/09/2018 for the offences punishable under Sections 307, 342,
498A read with Section 34 of the Indian Penal Code.
4] The first information report came to be registered against the
applicant nos. 2 to 6 with the accusations that the applicant nos. 2 to 6
physically and mentally harassed the applicant no. 1 on non payment of
dowry. It is alleged that the applicant nos. 2 to 6 attempted to commit
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Judgment 3 apl867.21.odt
murder of the applicant no. 1. The Investigating Agency carried out the
investigation and filed charge-sheet against the applicant nos. 2 to 6. The
applicant nos. 1 to 6 have therefore filed the present application
challenging the criminal proceedings on the ground that they have
mutually resolved their dispute. The applicant no. 2 - husband and
applicant no. 1 - wife have decided to resume cohabitation and therefore
a joint request is made to quash the criminal proceedings against the
applicant nos. 2 to 6. The applicant nos. 1 & 2 are husband and wife and
the applicant nos. 3 to 6 are in-laws of the applicant no. 1
5] On 08/09/2021, the applicant no. 1 along with her parents
were present in the Court. The mother of the applicant no. 1 stated that
the applicant nos. 2 to 6 are treating the applicant no. 1 cordially and she
is residing with her husband for last one year. It is stated that it is in the
interests of family that the criminal proceedings against the applicant
nos. 2 to 6 needs to be quashed, particularly in view of fact that applicant
nos. 1 & 2 have two sons. As the applicants have mutually resolved their
dispute, we are of the opinion that continuance of the present
proceedings against the applicant nos. 2 to 6 would amount to abuse of
process of the Court.
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Judgment 4 apl867.21.odt
6] Insofar as the offence under Section 307 of the Indian Penal
Code is concerned, though it is a serious offence, but at this stage it
would be profitable to refer the judgment of the Hon'ble Apex Court in
the case of Narinder Singh & others Vs. State of Punjab & another
reported in AIR 2014 SCW 2065. The decision of the Hon'ble Apex
Court makes it clear that the Court cannot declare to quash the first
information report merely because the first information report
incorporates a particular provision which is a serious offence or an
offence against the society. The Court has to make an endeavour to find
out whether the first information report indeed discloses the ingredients
of such offence and the Court can accept the statement and quash the
first information report after the Court is of the opinion that such an
offence is unnecessarily incorporated in the first information report.
From perusal of the first information report and the material produced,
we are satisfied that the ingredients of the offence under Section 307 of
the Indian Penal Code are not fulfilled.
7] We had also called upon the Investigating Officer to
ascertain whether the applicant nos. 1 & 2 are residing peacefully and as
to whether the applicant nos. 2 to 6 are treating the applicant no. 1 with
cruelty. The Police Inspector, Police Station Vasantnagar, Pusad has
submitted report stating that the applicant nos. 1 & 2 are residing
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Judgment 5 apl867.21.odt
happily along with their two children and the applicant no. 1 has not
complained of any harassment by the applicant nos. 2 to 6. We are
therefore satisfied that there is no impediment in quashing the
proceedings against the applicant nos. 2 to 6.
8] Hence, the following order:-
The Criminal Proceedings Bearing ST No. 01/2020 pending
on the file of learned Additional Sessions Judge, Pusad
arising out of the F.I.R. No. 436/2018 dated 23/09/2018
against the applicant nos. 2 to 6 for the offences punishable
under Sections 307, 342, 498A read with Section 34 of the
Indian Penal Code is quashed and set aside.
Rule is made absolute in the above terms. Pending
application(s), if any, stand(s) disposed of.
(JUDGE) (JUDGE)
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