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Azharuddin Khan S/O Ziauddin Khan … vs The State Of Maharashtra And Anr on 2 February, 2017

                                        1                              Cri.A-6843-16


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                            
                          BENCH AT AURANGABAD

               CRIMINAL APPLICATION NO. 6843 OF 2016




                                                    
     1.       Azharuddin Khan S/o Ziauddin Khan,
              Age: 69 years, occu. Retired,

     2.       Nilofar Khan W/o Azharuddin Khan,




                                                   
              Age: 55 years, occu: Household,

     3.       Samim Atif Khan S/o Azharuddin Khan,
              Age: 29 years, occu: Service,
              R/o Flat No. 102, A-Wing Ascon,




                                           
              IV Building, Nayannagar, Mira Road,
              Thane, at present r/o Park INN,
                             
              Sandton, Katterene Street,
              Jonasburg, South Africa             ...APPLICANTS
                            
              versus

     1.       The State of Maharashtra
              Through I.O. City Chowk Police
              Station Aurangabad in
      

              Crime No. 98/2015.
   



     2.    Khan Shaghufta W/o Samim Atiq Khan,
           Age: 27 years, occu: Household,
           R/o: House No. 657, Pensionpura,
           Chavani, Aurangabad.                       ...RESPONDENTS
                                      .....





     Mr. A.P. Piratwad, Advocate for applicants
     Mr. S.G. Karlekar, APP for respondent No. 1
     Mr. N.T. Tribhuvan, Advocate for Respondent No. 2
                                     .....
                                   CORAM : S.S. SHINDE AND





                                               K.K. SONAWANE, JJ.

RESERVED ON : 30th JANUARY, 2017.

RESERVED ON : 2nd FEBRUARY, 2017.

JUDGMENT : ( Per : K.K. Sonawane, J.)

1. The applicants have moved the present application by

invoking remedy under section 482 of the Criminal Procedure Code

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2 Cri.A-6843-16

(for short “Cr.P.C.”) to quash and set aside Regular Criminal Case

No. 955 of 2016 instituted pursuant to FIR vide crime No I-98 of

2015 registered at City Chowk Police Station, Aurangabad for the

offences punishable u/s. 498A and 504 read with section 34 of the

Indian Penal Code (for short “IPC”).

2. Applicant No. 3 – Samim Atif Khan is the husband whereas

applicants No. 1 and 2 are in-laws of respondent No. 2 – Khan

Shaghufta. The marriage of applicant No. 3 – Samim Atif Khan and

respondent No. 2 – Khan Shaghufta was solemnized on 08-01-2014

at Aurangabad as per Muslim rites. But, there was marital discord

in between the spouse. It has been alleged that applicants

maltreated and harassed respondent No. 2 – wife Khan Shaghufta

for demand of money as well as trifle domestic reasons. Respondent

No. 2, fed up with maltreatment by husband and in-laws

approached to the City Chowk Police Station, Aurangabad and

lodged the complaint/FIR, pursuant to which, the Police of City

Chowk Police Station registered the crime No. I-98 of 2015 under

sections 498A and 504 red with section 34 of the IPC and swung

into action. During the course of investigation, the statements of

witnesses came to be recorded. After completion of procedural

formalities, Investigating Officer submitted the charge-sheet before

the Judicial Magistrate, First Class, Aurangabad, and same is

registered as Regular Criminal Case No. 955 of 2015.

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3 Cri.A-6843-16

3. Pending the proceedings of Regular Criminal Case N0. 955 of

2016, the applicants moved present application seeking relief to

quash and set aside the criminal charges nurtured against them on

behalf of respondent No. 2 wife Khan Shaghufta. According to

applicants, all the allegations against them are vague, omnibus and

not sustainable within purview of law. Respondent No. 2 wife –

Shaghufta insisted applicant No. 3 – husband to return to India for

residence. There were no ill-treatment and harassment to

respondent No. 2 Shaghufta at the hands of applicants. Therefore,

applicants approached to this court and prayed to quash and set

aside criminal proceeding of Regular Criminal Case No. 955 of 2016,

instituted following first information report (for short “FIR”) in crime

No I-98 of 2015 registered with City Chowk Police Station,

Aurangabad.

4. However, during the hearing of petition, the matrimonial

dispute came to be referred to the mediator for amicable settlement

in between the spouse. It has been reported that, efforts of the

mediator yield result and the spouse settled their dispute amicably

amongst them. Respondent No. 2 has filed the affidavit in-reply on

record to that effect and submitted that she does not want to

proceed further in the criminal proceedings of Regular Criminal Case

No. 955 of 2016, pending before the learned Magistrate.

5. We have given patience hearing to both learned counsel

appearing for the parties. Perused the affidavit-in-reply of

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4 Cri.A-6843-16

respondent No. 2 filed on record as well as consent terms reduced

into writing in between the spouse for dissolution of their marital tie

after amicable settlement. The consent terms are taken on record

and marked as “X” for identification purpose. Respondent No. 2 –

Khan Shaghufta suo-moto remained present before this court. We

preferred to interact with her in regard to terms of compromise and

her willingness to withdraw the allegations nurtured against the

applicants in regard to maltreatment and harassment as well as

criminal intimidation as mentioned in the FIR vide crime No. I-98 of

2015. Respondent No. 2 – Khan Shaghufta categorically stated that

the marital dispute in between the spouse has already been settled

amicably. She has received lump-sum amount towards maintenance

from applicant No. 3 – husband Samin Atif Khan. Moreover, marital

relations has also been dissolved in between them after giving

divorce as per Mohammedan Law. Therefore, she does not want to

pursue the criminal proceeding bearing Regular Criminal Case No.

955 of 2016 and she has no objection to quash and set aside the

proceedings by exercising inherent powers under section 482 of

Cr.P.C.

6. Admittedly, the spouse settled their matrimonial dispute

amicably and they started residing separately after dissolution of

marital relation. In view of subsequent development of settlement of

marital discord in between the spouse, the respondent No. 2 – wife

Khan Shaghufta does not want to proceed further with Regular

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5 Cri.A-6843-16

Criminal Case No. 955 of 2016 instituted on the basis of FIR vide

crime No. I-98 of 2015 registered at City Chowk Police Station

against the applicants under section 498A, 504 read with section 34

of the IPC. At this juncture, we may refer to legal guidelines

delineated by the Apex Court in the case of Gian Singh Vs State of

Punjab and another reported in 2012 AIR SCW 5333. The Apex

Court, in paragraph No. 54 of said judgment has observed that:

“Where High Court quashes a criminal proceeding having

regard to the fact that dispute between the offender and victim
has been settled although offences are not compoundable, it does

so as in its opinion, continuation of criminal proceedings will be
an exercise in futility and justice in the case demands that the
dispute between the parties is put to an end and peace is
restored; securing the ends of justice being the ultimate guiding

factor. No doubt, crimes are acts which have harmful effect on

the public and consist in wrong doing that seriously endangers
and threatens well-being of society and it is not safe to leave the
crimdoer only because he and the victim have settled the dispute

amicably or that the victim has been paid paid compensation, yet
certain crimes have been made compoundable in law, with or
without permission of the Court. In respect of serious offences
like murder, rape, dacoity, etc; or other offences of mental

depravity under IPC or offences of mortal turpitude under
special statues, like Prevention of Corruption Act or the offences
committed by public servants while working in that capacity, the
settlement between offender and victim can have no legal
sanction at all. However, certain offences which overwhelmingly
and predominantly bear civil flavour having arisen out of civil,
mercantile, commercial, financial partnership or such like
transactions or the offences arising out of matrimony,
particularly relating to dowry, etc, or the family dispute, where

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6 Cri.A-6843-16

the wrong is basically to victim and the offender and victim have

settled all disputes between them amicably, irrespective of the
fact that such offences have not been made compoundable, the

High Court may within the framework of its inherent power,
quash the criminal proceeding or criminal complaint of F.I.R. If
it is satisfied that on the face of such settlement, there is hardly

any likelihood of offender being convicted and by not quashing
the criminal proceedings, justice shall be casualty and ends of
justice shall be defeated.”

7. In view of aforesaid legal guidelines, we have no any

hesitation to accept the contentions put forth on behalf of applicants

and respondent No. 2 – wife Khan Shaghufta. The alleged offence is

of a personal nature and resolution of the dispute on amicable

settlement would put the litigation to an end and it would bring

mental peace and security in between families. In case, the criminal

proceeding is allowed to be continued against the applicants it would

tantamount to abuse of process of law and to dissipate the precious

time and energy of the court of law. No any fruitful purpose would

be sub-served to secure the ends of justice after trial of

applicant/accused for the charges pitted against them. In these

peculiar circumstances, there would not be any impediment to

quash and set aside criminal proceeding pending before the learned

Magistrate, as prayed on behalf of both side.

8. In the above premise, the application stands allowed. Regular

Criminal Case No. 955 of 2016 instituted pursuant to FIR vide crime

No I-98 of 2015 registered at City Chowk Police Station,

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7 Cri.A-6843-16

Aurangabad for the offences punishable under sections 498A and

504 read at section 34 of the IPC is hereby quashed and set aside.

Inform the concerned learned Magistrate, Aurangabad accordingly.

No order as to costs.

Sd/-

                      Sd/-                        Sd/-

             [ K. K. SONAWANE, J. ]       [ S.S. SHINDE, J.]




                                      
       MTK
                             
                            
      
   






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