Allowed

Mansoor Anfal Mani S/O Mohammad Ameen Mani (Husband of R 2 )and Others v. State of Mah. Thr. Pso Kapil Nagar Ps, Nagpur and (Wife of Applicant NO.1) Another.

Bombay HC5 Oct 2023APL/1388/2023

Case brief

AI extract

What is this about?

The High Court of Bombay, Nagpur Bench, allowed an application to quash an FIR under Section 498-A IPC. The court found a settlement where the wife discontinued prosecution, received alimony, and obtained a divorce by customary mode, finding the dispute not anti-social.

What did the court decide?

The FIR vide Crime No. 48/2023 and the related criminal case RCC No. 2845/2023 were quashed and set aside.

Mansoor Anfal Mani S/O Mohammad Ameen Mani (Husband… — Matrimonial and Divorce | Bombay HC (2023)

¶1

2023:BHC-NAG:14574-DB

Judgment

911 apl 1388.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR.

¶6

CRIMINAL APPLICATION (APL) NO. 1388/2023

¶7

1. Mansoor Anfal Mani s/o Mohammad, Ameen Mani, aged about 51 yrs., Occ. Business,

¶8

2. Atikha Mani w/o Mohammad Ameen Mani, aged about 69 yrs., Occ. Household,

¶9

3. Yasir Mani s/o Mohammad Ameen Mani, aged about 44 yrs., Occ. Business,

¶10

4. Shagufa Mani w/o Yasir Mani, Aged about 36 yrs., Occ. Household,

¶11

Applicant Nos.1 to 4 are R/o. Jonsen
Market, Shanthi Nagar, Arab Lane,
Chand Roza Apartment, 2nd Floor near
Teksilicon Technology Pvt., Bengluru,
Karnataka – 560025.

¶12

 ... APPLICANTS
VERSUS

¶13

1. The State of Maharashtra through Police Station Officer, Kapil Nagar, Police Station, Nagpur.

¶14

2.Shameen Bano (Juwairiay) w/o
Mansoor Anfal Mani & d/o Afsar
Hussain, aged about 40 yrs.,
Occ. Household, R/o. C/o. Mohammad
Shafi, Plot No. 106, Raza Town, Naka
No.2, Kamptee Road, Khasala,
Nagpur 441001.

¶15

 ... NON-APPLICANTS

Judgment

911 apl 1388.23

Mr. A.M. Haque, Advocate for applicants.
Mr. S.M. Ghodeswar, APP for non-applicant No.1.
Mr. N.Z. Mirza, Advocate for non-applicant No.2.

¶20

CORAM : VINAY JOSHI, VALMIKI SA MENEZES, JJ

¶21

DATED : 05.10.2023

¶22

ORAL JUDGMENT (PER: VINAY JOSHI, J)

¶23

Heard.

¶24

2. Learned counsel appearing for informant waives service of

¶25

notice.

¶26

3. Admit .

¶27

4. This is an application seeking to quash First Information

¶28

Report (‘FIR’) vide Crime No. 48/2023 for the offence punishable

¶29

under Section 498-A read with Section 34 of the Indian Penal Code

¶30

registered with Police Station Kapil Nagar, Tq. and Dist. Nagpur and

¶31

related Criminal Case bearing RCC No. 2845/2023 pending on the
file of learned Judicial Magistrate First Class, Nagpur (Corporation

¶32

Court No.7).

Judgment

911 apl 1388.23

5.The informant lady got married with applicant No.1 on
10.03.2022. The couple resumed cohabitation, but due to
differences, they started to reside separately. Feeling matrimonial
harassment, informant lodged report, on the basis of which Police
has registered crime. The investigation is complete and charge-sheet
has been filed. It is informed that yet the Trial Court has not framed
charges.

¶37

6.The couple has no issue from the marriage. In the
meantime, with the intervention of friends and elders of the family,
they have decided to sever matrimonial ties. In accordance with
that, divorce was obtained by customary mode.

¶38

7.As per settlement, husband has handed over cheque of Rs.
5,00,000/- to the wife towards permanent alimony. The parties
have executed memorandum of settlement which is produced on
record. As per memorandum, wife has agreed to cooperate for
quashing of the criminal prosecution as she does not intend to
prosecute the same.

Judgment

911 apl 1388.23

8.Today, the informant is present in the Court who is
identified by her Advocate Mr. N.Z. Mirza. She is accompanied with
her sister and sister’s husband. On our query, the informant lady has
accepted about the settlement, execution of memorandum of
settlement and her non-inclination to continue criminal prosecution.
Applicant No.1 (Husband) is present before us who has made a
statement that the cheque has would be honoured. We accept his
statement as an undertaking given to the Court.

¶43

9.The dispute is of matrimonial nature which cannot be
termed as anti-social or heinous. For the betterment of both, they
have taken decision to sever matrimonial ties. In order to maintain
harmony in both the families, they have taken a decision to
discontinue the criminal prosecution.

¶44

10.In view of settlement, continuation of criminal prosecution
amounts to abuse of process of the Court. In the circumstances, by
invoking our inherent powers, we hereby quash and set aside FIR
vide Crime No. 48/2023 for the offence punishable under Sections
498-A read with Section 34 of the Indian Penal Code registered with

¶45

Judgment 911 apl 1388.23

¶46

¶47

Police Station Kapil Nagar, Tq. and Dist. Nagpur and related criminal
case bearing RCC No. 2845/2023 pending on the file of learned
Judicial Magistrate First Class, Nagpur (Corporation Court No.7).

¶48

11. Application stands disposed of in above terms.

¶49

 (VALMIKI SA MENEZES, J.)

¶50

 (VINAY JOSHI, J.)

¶51

Gohane

Mansoor Anfal Mani S/O Mohammad Ameen Mani (Husband of R 2 )and Others v. State of Mah. Thr. Pso Kapil Nagar Ps, Nagpur and (Wife of Applicant NO.1) Another.

Case brief

What is this about?

What did the court decide?

Mansoor Anfal Mani S/O Mohammad Ameen Mani (Husband of R 2 )and Others v. State of Mah. Thr. Pso Kapil Nagar Ps, Nagpur and (Wife of Applicant NO.1) Another.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dinesh S/O Laxman Dakhane Vs the State of Maharashtra, Thr. Pso Ps Sawani (Meghe), Dist. Wardha and Another

Sanjay S/O. Shivlal Shipne Vs State of Mah. Thr. Pso Washim (Rural) Ps, Dist. Washim and Another

Shekhar S/O. Laxman Dhakate Vs State of Mah. Thr. Its Pso, Ps, Yashodhara Nagar, Nagpur Dist. Nagpur and Another

Claudius S/O. Benedict Louis Vs State of Mah. Thr. Pso, Ps City Kotwali, Amravati, Dist. Amravati and Another.

Ashish S/O Anilkumar Mule Vs State of Mha. Thr. Pso Ps Gadge Nagar Amravati Tah. and Dist.Amravati and Another

Jumma @ Munna Burhan Hiriwale Vs the State of Mah. Thr. Its Secretary Home Dep. (Special), Mantralaya Mumbai and 2 Others