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Syed Mehafooz Ali vs State Of Maharashtra Thr. P.S.O. … on 28 June, 2018

1 apl636.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (APL) NO.636 OF 2017

Syed Meahfooz Ali,
Aged about 42 years,
Occ.Business, r/o. Ghutkala
Ward, Chandrapur. ………. APPLICANT

// VERSUS //

1. State of Maharashtra,
Through P.S.O. City,
Chandrapur.

2. Smt. Ramiza w/o.Meahfooz
Ali, Aged about 40 years, Occ.
Pvt. R/o. C/o. Usman Khan
Pathan, Madina Masjid/
Madrsa, Tukum Chandrapur,
Tah. and Distt. Chandrapur. ………. RESPONDENTS

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Mr.M.N.Ali, Advocate for the Applicant.
Mr.J.Y.Ghurde, A.P.P. for the Respondent/State.

CORAM : P. N. DESHMUKH
AND
M.G.GIRATKAR, JJ.

DATE : 28.6.2018.

ORAL JUDGMENT (Per P.N.Deshmukh, J) :

1. Rule returnable forthwith. Heard finally with the consent

of learned Counsel for the parties.

2. Applicant as well as non-applicant no.2, who are

husband and wife respectively, are present in the Court and are

identified by their respective Counsels.

3. This application is for quashing of F.I.R. registered vide

Crime No.620 of 2017 for the offence punishable under Section 498A

r/w. 34 of the Indian Penal Code, and Sections 3 and 4 of the Dowry

Prohibition Act by Police Station, City, Chandrapur. Along with the

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applicant, his parents were also accused in the said crime against

whom F.I.R. is admittedly already quashed by order of this Court

passed in Criminal Application (APL) No. 299 of 2017, on duly

considering contents of F.I.R. Apart from said fact, from the

affidavit-in-reply of non-applicant no.2 and also as stated by the

applicant, the issue of matrimonial discord between them which had

arisen due to misunderstanding is resolved amicably. The non-

applicant makes a statement that she is willing to reside with the

applicant peacefully and therefore, as per her reply, she has no

objection for quashing of F.I.R., as do not want to prosecute the same

4. We, on going through the contents of report, find that

there is no material ingredient of any of the offences punishable

under Section 498-A r/w. 34 of the Indian Penal Code and Sections 3

and 4 of Dowry Prohibition Act made out against the applicant. In

that view of the matter and on relying on the law laid down by

Hon’ble Supreme Court in the case of State of Haryana and

Others .vs. Bhajanlal and Others reported in 1992 SCC (Cri) 426,

we find this to be a fit case where FIR can be quashed.

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5. In that view of the matter, application is allowed in

terms of prayer clause (1) of the Criminal Application with no orders

as to costs.

JUDGE JUDGE

[jaiswal]

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