Quashed

Tayyaba Kaussar @ Rina Shahid Khan and Ors. v. the State of Maharashtra

Bombay HC2 Aug 2007WP/1314/2007

Case brief

AI extract

What is this about?

Holding that no purpose is served in keeping the matter pending upon the complainant's settlement with the husband and family and desire to withdraw the complaint, the High Court quenched the FIR and the subsequent criminal proceedings before the Magistrate in a writ petition.

What did the court decide?

CRIMINAL WRITPETITION NO.1314 OF 2007,quashed FIR No.177/2007,dated 22-6-2007;proceedings in Case No.1476/P/2007 quashed.

Tayyaba Kaussar @ Rina Shahid Khan and Ors. Vs the… — Criminal Trial and Appeal | Bombay HC (2007)

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[1]

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 APPELLATE SIDE

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 CRIMINAL WRIT PETITION NO.1314 OF 2007

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 Mrs. Tayyaba Kaussar @ Rina
 & Ors. .... Petitioners
 Vs.

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 The State of Maharashtra .... Respondent

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 Shri Niranjan Mundargi for the Petitioners.

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 Shri P.S. Hingorani, APP, for the State.

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CORAM: R.M.S. KHANDEPARKAR &
 Smt. V.K. TAHILRAMANI, JJ.

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DATED: AUGUST 02, 2007

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P.C:

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 1. Heard the learned Advocates for the parties. The
 complainant is present in the Court along with her

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 husband. She has stated before us that though she has
 initially filed a complaint being FIR No.177/2007 on
 22-6-2007, she has settled all the matters with the
 husband and the other members of the husband’s family
 and she has no grievance and she wants to withdraw the
 complaint.

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 2. Considering the facts disclosed in the petition and
 the statement made by the complainant, we find that no
 purpose would be served in keeping the matter pending
 and the police investigating into the matter and in that
 view of the matter, it would be appropriate to quash the
 FIR No.177/2007, dated 22-6-2007, lodged with the

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[2]

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 Malwani Police Station, Mumbai. Order accordingly.

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 3. It is also informed that the police have already
 filed the charge-sheet in the Court of the Metropolitan
 Magistrate, 24th Court, Borivli, Mumbai and the case is
 registered as Case No.1476/P/2007. In view of the fact
 that the complainant has expressed desire not to
 continue with the complaint and the proceedings, no
 purpose would be served in proceeding with the said
 criminal case before the learned Magistrate and
 consequently the proceedings therein are also ordered to
 be quashed.

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 4. With the above directions, the petition is disposed
 of.

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 (Smt.V.K.Tahilramani, J.) (R.M.S.Khandeparkar, J.)

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 sjs/A7cwp1314.7

Tayyaba Kaussar @ Rina Shahid Khan and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Tayyaba Kaussar @ Rina Shahid Khan and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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