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Tahseen Begam W/O Feroz Khan And … vs The State Of Maharashtra And Anr on 20 March, 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.913 OF 2016

1. Tahseen Begam w/o. Feroz Khan,
Age: 35 Years, Occu:Household,
R/o. Kot Bazar, Tq. Kandhar,
Dist. Nanded.

2. Anjuman Begam w/o. Sk.Maheboob,
Age: 42 Years, Occu.Household,
R/o. Chaitanya Nagar, Nanded,
Tq. Dist. Nanded. APPLICANTS
[Ori. Accused
Nos.4 5]
VERSUS

1. The State of Maharashtra
Through Police Station,
Itwara, Nanded.

2. Firdous Siddiqa w/o. Shahnawaz
Khan,
Age: 26 Years, Occu: Household,
R/o. Kalal Galli, Itwara,
Nanded, Tq. Dist. Nanded. RESPONDENTS
[Resp.No.2 ori.
complainant]

Mr.Hamzakhan I. Pathan, Advocate for the
applicants
Mr.S.G.Karlekar, APP for the Respondent/
State
Mr.N.E.Deshmukh, Advocate for Respondent no.2.

CORAM: S.S.SHINDE
K.K.SONAWANE,JJ.

Reserved on : 16.03.2017
Pronounced on : 20.03.2017

JUDGMENT: (Per S.S.Shinde, J.):

1. Heard.

2. Rule. Rule made returnable

forthwith, and heard finally with the consent

of the parties.

3. This Application is filed praying

therein for quashing and setting aside the

First Information Report bearing Crime

No.164/2015, registered with Itwara Police

Station, Nanded, for the offence punishable

under Section 498A of the Indian Penal Code

to the extent of applicants.

4. Heard the learned counsel appearing

for the parties.

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3

5. Pursuant to the notices issued to

the respondents, respondent no.2 has filed

affidavit-in-reply and contested the

averments in the application on merits.

6. In reply to the affidavit-in-reply

filed by respondent no.2, applicants have

filed rejoinder-affidavit. It is stated in

the said rejoinder-affidavit that, since 10th

February, 2017, the informant had joined the

company of her husband, and also compromised

the proceedings under Domestic Violence Act

before Lok Adalat, Nanded. The learned

counsel appearing for respondent no.2, on

instructions, submits that it is true that

respondent no.2 has joined the company of her

husband, therefore, it appears that the

parties have amicably settled the dispute and

decided to stay together.

7. The applicants are married sisters

of the accused namely Shahnawaz Khan, and it

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is claimed by them that they are residing at

their matrimonial houses after their

marriage. It appears that the applicants have

got married long back and residing at their

matrimonial houses.

8. In that view of the matter, no

fruitful purpose would be served by

continuing further investigation/proceedings

on the basis of the FIR bearing Crime

No.164/2015, registered with Itwara Police

Station, Nanded, for the offence punishable

under Section 498A of the Indian Penal Code

to the extent of applicants. Hence, keeping

in view the exposition of law by the Supreme

Court in the case of Gian Singh Vs. State of

Punjab another1, we are of the opinion

that, the FIR bearing Crime No.164/2015,

registered with Itwara Police Station,

Nanded, for the offence punishable under

Section 498A of the Indian Penal Code to the

1 2012 AIR SCW 5333

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extent of applicants, deserves to be quashed

and set aside.

9. Criminal Application is allowed in

terms of prayer clause-B. Rule is made

absolute on above terms and the Criminal

Application stands disposed of accordingly.




              [K.K.SONAWANE]            [S.S.SHINDE]
                  JUDGE                    JUDGE  
          DDC




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