Bombay High Court
Najir S/O Mansoor Abla vs State Of Maharashtra Thro. Pso. Ps. ... on 20 September, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:10712-DB
Judgment 928 apl 1202.22
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1202/2022
1. Najir s/o Mansoor Abla,
aged about 29 yrs., Occ. Engineer,
Presently R/o. Royal Palm Estate,
Goregaon-East, Mumbai-65.
2. Mansoor s/o Yunus Abla,
Aged about 60 yrs., Occ. Private Business,
3. Smt. Mahjabeen w/o Mansoor Abla,
Aged about 52 yrs., Occ. Housewife,
4. Kulsum d/o Mansoor Abla,
aged about 22 years, Occ. Student,
5. Nasir s/o Mansoor Abla,
Aged about 30 yrs., Occ. Private Business,
All petitioners Nos. 2 to 5 R/o. Motala,
Tq. Motala, Dist. Buldhana.
... APPLICANTS
VERSUS
1. State of Maharashtra through
Police Station Officer, Police Station,
Shantinagar, Tq. Nagpur, Dist. Nagpur.
2. Rafiya w/o Najir Abla,
aged about 26 yrs., Occ. Teacher,
R/o. Flat No.303, Hawa Palace,
Mudliyar Layout, Shanti Nagar,
Nagpur.
... NON-APPLICANTS
Judgment 928 apl 1202.22
2
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Mr. P.K. Raulkar, Advocate for applicants.
Mr. M.K. Pathan, APP for non-applicant No.1.
Mr. M.R. Khan, Advocate for non-applicant No.2.
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CORAM : VINAY JOSHI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 20.09.2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit.
3. This is an application seeking to quash criminal prosecution
bearing RCC No. 1020/2022 arising out of Crime No. 242/2021 registered
with Police Station Shantinagar, Tal. and Dist. Nagpur for the offence
punishable under Sections 498-A read with Section 34 of the Indian Penal
Code on account of settlement.
4. The couple got married on 13.01.2019 and after few months,
there was matrimonial discord of which the informant lady started to live
separately. Feeling matrimonial harassment, she has lodged report, on the
Judgment 928 apl 1202.22
basis of which investigation was carried and charge-sheet has been filed. The
informant has also filed an application under the provisions of the
Protection of Women From Domestic Violence Act ("D.V. Act"). In the
meantime, the matter has been amicably settled. The husband has agreed to
pay sum of Rs. 9,65,000/- towards full ans final settlement which he has
already paid. The application filed under the D.V. Act was withdrawn on
15.04.2024. The party got separated by customary divorce known as
"Mubaratnama" executed on 15.04.2024.
5. In view of settlement, the informant has filed reply stating about
settlement and her no objection to quash proceeding. Today, the informant
is present before us who has been identified by her counsel Mr. M.R. Khan.
We have ascertained the facts, on which she stated about settlement and
gave no objection. The alleged offence is of matrimonial nature which
cannot be termed as heinous or antisocial. The parties have mutually settled
the dispute, separated by way of customary divorce and one time settlement
amount has already been paid. In the circumstances, we inclined to exercise
our inherent powers.
Judgment 928 apl 1202.22
6. In view of above, application is allowed. We hereby quash and
set aside criminal prosecution bearing RCC No. 1020/2022 arising out of
Crime No. 242/2021 registered with Police Station Shantinagar, Tal. and
Dist. Nagpur for the offence punishable under Sections 498-A read with
Section 34 of the Indian Penal Code against all applicants on account of
settlement.
7. Application stands disposed of in above terms.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 26/09/2024 11:08:24
