2019 NearLaw (BombayHC Nagpur) Online 410, Sheikh Anis Sheikh Rafiq & Ors., State of Maharashtra

2019 NearLaw (BombayHC Nagpur) Online 410
Bombay High Court

JUSTICE Z.A.HAQ JUSTICE VINAY JOSHI

Sheikh Anis Sheikh Rafiq & Ors. Vs. State of Maharashtra

This is an application for quashing of Crime/FIR No 331/2017 registered on 31/10/2017 at the instance of applicant no 7 with Khamgaon Police Station relating to offences punishable under Sections 498A, 504, 506 read with Section 34 of the Indian Penal Code.
Applicant no 1 is husband of applicant no 7 whilst applicant nos. 2 to 6 are family members of applicant no 1.
Marriage between applicant no 1 and applicant no 7 took place on 26/04/2015 at Mauza Botha, Tahsil Khamgaon, Dist.
Applicant no 1 husband has filed RCS No 67/2018 for restitution of conjugal rights in terms of Section 281 of the Mohammedan Law.
By way of settlement, applicant no 7 (informant) has resumed to cohabit with her husband (applicant no 1).
In view of such amicable settlement, continuation of criminal proceeding would be fruitless or rather would disturb future married life of husband and wife.
In our view, this is fit case to exercise inherent jurisdiction of this Court.
Hence, we allow the criminal application and quash Crime/FIR No 331/2017 registered at Khamgaon Gramin Police Station, and consequential criminal case bearing RCC No 06/2018 pending on the file of JMFC, Khamgaon, Gramin, Dist.
Buldhana.

VINAY JOSHI, J.

1. Heard.

2. RULE. Rule made returnable forthwith.

3. This is an application for quashing of Crime/FIR No. 331/2017 registered on 31/10/2017 at the instance of applicant no. 7 with Khamgaon Police Station relating to offences punishable under Sections 498A, 504, 506 read with Section 34 of the Indian Penal Code. Applicant no. 1 is husband of applicant no. 7 whilst applicant nos. 2 to 6 are family members of applicant no. 1. Marriage between applicant no. 1 and applicant no. 7 took place on 26/04/2015 at Mauza Botha, Tahsil Khamgaon, Dist. Buldhana. Due to matrimonial differences, applicant no. 7 has filed report with the police on the basis of which, concerned FIR is registered.

4. Applicant no. 1 – husband has filed R.C.S. No. 67/2018 for restitution of conjugal rights in terms of Section 281 of the Mohammedan Law. During the pendency of civil suit, parties have settled the dispute outside the Court and accordingly have filed consent memo (Exh. 17) in the civil suit. By way of settlement, applicant no. 7 (informant) has resumed to cohabit with her husband (applicant no. 1). In view of such amicable settlement, continuation of criminal proceeding would be fruitless or rather would disturb future married life of husband and wife. In our view, this is fit case to exercise inherent jurisdiction of this Court. Hence, we allow the criminal application and quash Crime/FIR No. 331/2017 registered at Khamgaon Gramin Police Station, and consequential criminal case bearing R.C.C. No. 06/2018 pending on the file of J.M.F.C., Khamgaon, Gramin, Dist. Buldhana.

Rule is made absolute in the above terms.