Bombay High Court
Sarfuddin S/O Sheikh Shamshuddin ... vs State Of Mah. Thr. Pso Shrikhed ... on 29 November, 2022
Bench: S.B. Shukre, M. W. Chandwani
1 28-apl-1192-21j.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 1192 OF 2021
1. Sarfuddin S/o. Sheikh Shamshuddin
(Brother of accused no. 1)
Age: 40 years, Occupation: Labour
2. Uzma Firdous W/o. Sheikh Sarfuddin
(Brother's wife of accused no. 1)
Age: 36 years, Occupation: Nil
3. Kamrunnisa W/o. Abdul Wahab
(Aunt of accused no. 1)
Age: 44 years, Occupation: Nil
All above applicants no. 1, 2 & 3
R/o. Rahul Nagar, BicchuTekdi,
Amravati, District: Amravati.
4. Naheed Akhtar w/o. Abdul Faheem,
(Sister of accused no. 1)
Age: 34 years, Occupation: Nil
R/o. Badnera Juni Basti, Badnera,
Amravati, District: Amravati. . . . APPLICANTS
// V E R S U S //
1. State of Maharashtra through
its P. S. O. Shrikhed,
Amravati, District: Amravati.
2. Shabana Parveen W/o. Sheikh Fhimuddin,
Aged about 30 years, Occupation: Nil,
R/o. Near Choti Masji, Bicchu Tekdi,
Amravati, District: Amravati. . . . NON-APPLICANTS
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Shri Pervez W. Mirza, Advocate for applicants.
Shri I. J. Damle, APP for non-applicant no. 1/State.
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2 28-apl-1192-21j.odt
CORAM :- SUNIL B. SHUKRE &
M. W. CHANDWANI, JJ.
DATED :- 29.11.2022
ORAL JUDGMENT (PER: SUNIL B. SHUKRE, J.):-
Heard.
2. Rule. Rule made returnable forthwith. Heard finally by
consent of the learned counsel appearing for the parties.
3. Respondent no. 2 is absent and nobody appears for her.
She has been duly served with the notice as per Farad Sheet dated
05.04.2022 and it shows that non-applicant no. 2 is not interested in
contesting this application. Even otherwise, the non-applicant no. 2 has
compromised the dispute with her husband and the present applicants
and she has already withdrawn two proceedings, one bearing R.C.C.
No. 143/2015 initiated for taking action against her husband and others
for allegedly committing offences under Sections 405, 406 and 107 of
the Indian Penal Code, pending before the Court of J.M.F.C., Morshi and
the proceedings bearing PWDVA Case No. 4/2015, initiated under the
Protection of Women from Domestic Violence Act, 2005. The
compromise pursis filed in the PWDVA Case bearing No. 4/2015 (page
no. 78B of the petition) shows that non-applicant no. 2 has agreed to
give her no-objection for quashing of the First Information Report (FIR)
3 28-apl-1192-21j.odt
in question in this petition, which is registered as Crime No. 89/2015
at Police Station Shrikhed, District Amravati. The compromise, so
arrived at between respondent no. 2 on one hand and these applicants
on the other explain absence of non-applicant no. 2 before the Court.
4. As regards, the allegations made in the FIR in question, so
far as these applicants are concerned, we find that they are vague in
nature and they, except for saying that these applicants had encouraged
and instigated her husband for mental cruelty and torture, do not
ascribe any specific role to any of these applicants.
5. Considering the facts noted above, we find that this is a fit
case for quashing of the FIR and the charge-sheet in question. The FIR,
charge-sheet and consequent proceedings against the applicants are
quashed and the application is allowed in terms of prayer-clause '(a)',
which reads as under:-
"a) allow the present application and quash and set aside the
Final Report No. 61/2018 arising out of FIR No. 89/2015
(Annexure-C), for the offences punishable u/s. 498A, 506, 504,
and 34 of Indian Penal Code, registered at police station
Shrikhed, District: Amravati and the consequential proceedings
registered as Cri. Case no. 131/2018 pending before the Learned
JMFC no. 1 at Morshi, District: Amravati."
(M. W. CHANDWANI, J.) (SUNIL B. SHUKRE, J.)
RR Jaiswal
Digitally signed
JAISWAL by JAISWAL
RAJNESH
RAJNESH RAMESH
RAMESH Date:
2022.11.30
19:41:10 +0530
