Bombay High Court
Smt Ruhina Anjum W/O Zakir Khan vs State Of Mah., Thr. Pso on 19 June, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor
2025:BHC-NAG:5671-DB
1 apl633.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.633/2019
Smt. Ruhina Anjum W/o Zakir Khan,
aged about 25 Yrs., Occu. Household Work,
R/o House No.5/9/107, Behind RTO
Office, Station Road, Aurangabad. ... Applicant
- Versus -
1. The State of Maharashtra,
through Police Station Officer,
Buldhana City Police Station,
Distt. Buldhana.
2. Smt. Humera Tabassum W/o Azmat-ul-Haq,
aged but 24 Yrs., Occu. Household Work,
R/o C/o Syed Mazhar Alvi,
Wander Bholji, Tq. Nandura,
Distt. Buldhana. ... Non-applicants
-----------------
Ms. Shaad Mirza, Advocate h/f Mr. Firdos Mirza, Advocate for
the applicant.
Ms. S.S. Jachak, A.P.P. for non-applicant No.1/State.
Mr. A.B. Mirza, Advocate for non-applicant No.2.
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CORAM: ANIL S. KILOR AND MRS.VRUSHALI V. JOSHI, JJ.
DATED : 19.6.2025.
JUDGMENT (Per Anil S. Kilor, J.)
Rule. Rule made returnable forthwith. Heard finally
by consent of learned Advocates for the parties.
2 apl633.2019
2. By present application, the applicant who is the
sister-in-law of non-applicant No.2, prays for quashing and
setting aside the Crime No.0253/2019 dated 16.5.2019 registered
with Police Station Buldhana City for the offence punishable
under Sections 498-A, 323, 504 and 506 read with Section 34 of
the Indian Penal Code.
3. In the present matter while issuing notice on 3.7.2019
a direction was issued to the State not to file charge-sheet and
accordingly, the charge-sheet is not filed in the present matter.
However, it is to be noted that in the present crime, the brother of
the applicant and husband of non-applicant No.2 was co-accused
against whom the charge-sheet was filed and the trial was
conducted. In the trial, the non-applicant No.2 made a statement
that she has no complaint against the accused and she does not
want to prosecute the accused as they have settled the matter out
of Court. The learned trial Court, therefore, vide judgment and
order dated 24.11.2021 acquitted the brother of the applicant in
3 apl633.2019
the present offence. Considering the above referred fact, we are
of the opinion that the F.I.R. in question needs to be quashed and
set aside. Apart from above, on merits also, considering the
allegations made in the F.I.R., we are of the opinion that no
offence is made out against the present applicant.
4. For the aforesaid reasons, the criminal application is
allowed.
F.I.R. No.0253/2019 dated 16.05.2019 registered at
Buldhana City Police Station, Distt. Buldhana for the offence
punishable under Sections 498-A, 323, 504 and 506 read with
Section 34 of the Indian Penal Code is quashed and set aside
against the present applicant.
(MRS.VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR
Designation: PS To Honourable Judge
Date: 19/06/2025 19:29:10