Bombay High Court
Dr. Adnanul Haq Mushir Ui Haq Khan And 4 … vs State Of Mah. Thr. Pso Ps Akot File Akola … on 19 December, 2024
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2024:BHC-NAG:14134-DB
1 apl871.20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.871 OF 2020
1) Dr. Adnanul Haq Mushir Ul Haq Khan,
Age 32 years, Occ.- Medical Practitioner,
R/o Rana Apartment, Nagpur.
2) Mushir Ul Haq Khan Ansarul UL Haq Khan,
Age 59 years, Occ. - Private,
R/o Akot File, Akola.
3) Talat Jabin Mushir Ul Haq Khan,
Age 53 years, Occ.- Household,
R/o Akot File, Akola.
4) Wasiful Ul Haq Khan Ansarul Ul Haq Khan,
Age 65 years, Occ. - Nil,
R/o Samrin Plaza, Kalyan (West),
District - Thane,
5) Shaykurehman Ayyajurehman,
Age 64 years, Occ. - Nil,
R/o Haji Nagar, Akot File, Akola. .... APPLICANTS
VERSUS
1) The State of Maharashtra,
PSO, PS Akot File, Akola.
2) Sabahat Asra Adnanul Haq Khan,
Age 27 years,
R/o C/o Azfar Ul Amin, Near KGN
Kirana Shop, Akbar Plot, Akot File, Akola. .... NON-APPLICANTS
________________________________________________________________
Mr. Mir Nagman Ali, Counsel for the applicants,
Mr. A.V. Palshikar, Addl. P.P. for non-applicant No.1/State,
Mr. J.P. Junghare, Counsel for non-applicant No.2.
________________________________________________________________
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CORAM : AVINASH G. GHAROTE &
ABHAY J. MANTRI, JJ.
DATE : 19th DECEMBER, 2024
ORAL JUDGMENT : (Per : Abhay J. Mantri, J.)
Heard. ADMIT. By consent of the learned Counsel for the parties,
the application is heard finally.
2. By this application, the applicants seek to quash the First
Information Report (FIR) dated 15-11-2020 bearing Crime No.526/2020
registered at Police Station, Akot for the offence punishable under
Sections 498-A, 504 and 506 read with Section 34 of the Indian Penal
Code (IPC).
3. Mr. Mir Nagman Ali, learned Counsel for the applicants, and Mr.
J.P. Junghare, learned Counsel for non-applicant No.2, have submitted
that the matter has been amicably settled between the parties.
Accordingly, non-applicant No.2 does not want to proceed with the
proceedings against the applicants, and she has filed an affidavit in that
regard in the Court. Therefore, they have prayed for the disposal of the
application.
4. In short, the facts are that the marriage of applicant No.1 and non-
applicant No.2 was solemnized on 07-11-2018 as per rights and customs
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prevailing in their community. Applicant Nos.2 to 5 are in-laws of non-
applicant No.2. On account of marital discord, on 15-11-2020, non-
applicant No. 2 lodged a report against the applicants with Akot Police
Station, alleging that they were subjected to her cruelty on account of
demand of dowry, based on which offence punishable under Sections 498-
A, 504 and 506 r/w 34 of the IPC came to be registered against the
applicants vide Crime No.526/2020.
5. Being aggrieved by the registration of the said first information
report, the applicants filed this application under Section 482 of the
Criminal Procedure Code to quash and set aside the same since the
allegations made therein do not constitute the commission of any offence.
By order dated 17/04/2024, permission was granted to file the Charge
Sheet.
6. Perusal of the record shows that during the pendency of the
application, the dispute was resolved amicably between the applicants and
non-applicant No.2. Accordingly, non-applicant No.2 filed an affidavit in
the Court stating that the matter has been settled between her and the
applicants and, therefore, she does not want to proceed against the
applicants and has given no objection to quash the proceedings. They also
agreed that non-applicant No.2 will withdraw the maintenance and
domestic violence proceedings.
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7. Applicant No.1 and non-applicant No.2, along with her father, are
present before the Court. Their respective counsel has identified them.
Applicant No.1 and non-applicant No.2 have submitted that the matter
has been amicably settled between her and the applicants. Therefore, she
does not want to proceed with the report/complaint against them, and she
has given no objection to quash and set aside the first information report
and the proceedings arising from the same.
8. Thus, the matter has been amicably settled between the parties.
Pursuant to the same, non-applicant No.2 filed an affidavit before the
Court, stating that she does not want to proceed with the first information
report and the subsequent proceedings against the applicants and has
given no objection to quash the first information report. Moreover, the
nature of the offence is neither antisocial nor heinous, but the same arose
out of the marital dispute. Therefore, in our view, there is no reason to
continue with the prosecution.
9. In the wake of the above, it would be appropriate to allow the
application in terms of the settlement as it would not cause prejudice to
any of the parties.
10. In the backdrop of the above, we are satisfied that the case is
made out to exercise our inherent powers to secure the ends of justice and
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to prevent the abuse of the process of law. Hence, we pass the following
order.
(i) The criminal application is allowed.
(ii) The First Information Report dated 15-11-2020 bearing
Crime No.526/2020 registered at Police Station, Akot, for the
offence punishable under Sections 498-A, 504 and 506 read
with Section 34 of the IPC, against the applicants and further
proceedings, if any, arising out of the said first information
report is hereby quash and set aside.
(ii) Pending applications, if any, be disposed of accordingly.
(iii) The application is disposed of in the above terms.
(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)
adgokar
Signed by: MR. P.M. ADGOKAR
Designation: PS To Honourable Judge
Date: 24/12/2024 17:04:13