Quashed

Javed Ahmad and 6 Others v. State of Mah. Thr. Pso Ramnagar Chandrapur and Another

Bombay HC8 May 2024APL/358/2023

Case brief

AI extract

What is this about?

Application seeking quash of FIR for matrimonial offences under Sections 498-A IPC. Court allowed application invoking inherent jurisdiction due to amicable settlement, customary divorce (Mubarat), and partial payment of settlement amount by the husband.

What did the court decide?

Quashed and set aside First Information Report bearing Crime No.1137 of 2022 for offences under Sections 498-A, 504, 506 IPC read with Section 34.

Javed Ahmad and 6 Others Vs State of Mah. Thr. Pso… — Matrimonial and Divorce | Bombay HC (2024)

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2024:BHC-NAG:5614-DB

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1.apl.358.2023.odt

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

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CRIMINAL APPLICATION NO.358 OF 20 23

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Javed Ahmad s/o Abdul Wahid Qureshi, Aged about 52 years, Occupation : Dental Surgeon.

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Prof. Abdul Wahid Qureshi, s/o Gh Nabi Qureshi, aged about 77 years, Occupation : Former Vice Chancellor of Universities, Both 1 & 2 residents of : Kanitar Saderbal Srinagar

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Imtiyaz Qureshi s/o Abdul Hameed Qureshi, Aged about 45 years, Occuapation : Senior Lecturer of School Education, R/o : Karnath Kupwara

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Smt. Asifa Qureshi, Wo Imtiyaz Qureshi, Aged 39 years, Occupation : Housewife, R/o Karnah District Kupwara.

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Bilal Ahmad Qureshi, s/o Abdul Hameed Qureshi, aged about 37 years, Occupation : Private employement, R/o Karnah District Kupwara.

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Riffat Rafique W/o Bilal Ahmad Qureshi, Aged : 30 years, Occupation : Housewife R/o Karnah District Kupwara.

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Fayaz Ahmed Qureshi, s/o Abdul Majeed Qureshi, aged 41 years, Occuatpation : Judicial Officer, R/o Naseembagh Srinagar.

... APPLICANTS

1.apl.358.2023.odt

VERSUS

State of Maharashtra, through Police Station Officer, Ramnagar, Chandrapur.

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Smt. Nilufar w/o Mukhtar Ali, Falsely claiming to be w/o Javed Ahmad Qureshi, aged about 50 years, Occupation : Nil, R/o Sawari Bungalow, Naginbag Sister Colony, Chandrapur.

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… NON-APPLICANTS.

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_____________________________________________________________ Shri A.T. Mirza, Advocate for the applicants. Shri Narale, Addl.P.P. for the State. Shri M.N. Ali, Advocate for the non-applicant no.2.

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CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, J J. DATED : 08.05.2024.

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JUDGMENT : (Per : Vinay Joshi, J.)

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Heard . ADMIT.

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The matter is taken up for final disposal by consent of learned Counsel appearing for the parties.

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This is an application seeking to quash the First Information

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Report bearing Crime No.1137 of 2022 registered with the Ram Nagar Police Station, District Chandrapur for the offence punishable under

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1.apl.358.2023.odt

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Sections 498-A, 504, 506 read with Section 34 of the Indian Penal Code on account of settlement.

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The informant lady got married with applicant no.1 in the year 2020. After few days from the marriage, the informant perceived matrimonial harassment, she has lodged the report. The Police have registered the crime and the investigation is going on. In the meantime, with the intervention of family members, the matter is settled. The parties have obtained customary divorce known as ‘Mubarat’ before two years. The husband has agreed to pay sum of Rs.15,30,000/towards one time settlement cum maintenance amount. Till date, husband has paid Rs.12,30,000/- to the wife and assured to pay remaining Rs.3 by cheque. The informant lady is present before the Court, who is identified by her Counsel Shri M.N. Ali. The informant has filed a reply-cum-affidavit stating about the settlement, receipt of Rs.12,30,000/- and her no objection to quash the proceedings.

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It is a matrimonial dispute, which has been amicably settled. In the circumstance, we are inclined to invoke our inherent jurisdiction. In view of the above, the application is allowed. We hereby quash and set aside the First Information Report bearing Crime No.1137 of 2022 registered with the Ram Nagar Police Station, District

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1.apl.358.2023.odt

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Chandrapur for the offence punishable under Sections 498-A, 504, 506

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read with Section 34 of the Indian Penal Code.

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The Application stands disposed of accordingly.

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(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)

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Trupti

Javed Ahmad and 6 Others v. State of Mah. Thr. Pso Ramnagar Chandrapur and Another

Case brief

What is this about?

What did the court decide?

Javed Ahmad and 6 Others v. State of Mah. Thr. Pso Ramnagar Chandrapur and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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