Smt Ruhina Anjum W/O Zakir Khan v. State of Mah., Thr. Pso

Bombay HC19 Jun 2025APL/633/2019

Case brief

AI extract

What is this about?

Keywords: quashing of FIR; Crime No.0253/2019 dated 16.5.2019; Buldhana City Police Station; Sections 498-A, 323, 504, 506 read with Section 34 IPC; matrimonial/cruelty case; sister-in-law of complainant seeking quashing; acquittal of co-accused husband on 24.11.2021; out-of-court settlement; complainant's statement of no complaint; direction not to file charge-sheet dated 3.7.2019; criminal application allowed; Nagpur Bench, Bombay High Court; neutral citation 2025:BHC-NAG:5671-DB.

What did the court decide?

F.I.R. No.0253/2019 dated 16.05.2019 registered at Buldhana City Police Station, Distt. Buldhana, for offences under Sections 498-A, 323, 504 and 506 read with Section 34 IPC, quashed and set aside against the present applicant. ¶¶24

Smt Ruhina Anjum W/O Zakir Khan Vs State of Mah., Thr. Pso — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Crime No.0253/2019 dated 16.5.2019 registered with Police Station Buldhana City under Sections 498-A, 323, 504 and 506 read with Section 34 IPC ought to be quashed and set aside against the applicant, who is the sister-in-law of non-applicant No.2. +1 more

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Court's answer

Considering that the co-accused brother of the applicant was acquitted by the trial Court on 24.11.2021 after non-applicant No.2 stated she had no complaint and the matter was settled out of Court, the F.I.R. in question needs to be quashed and set aside.

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Ratio / Principle

On merits also, considering the allegations made in the F.I.R., no offence is made out against the present applicant.

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Detailed headnote1 paragraphs

Quashing of FIR — Criminal Application (APL) No.633/2019, High Court of Judicature at Bombay, Nagpur Bench (decided 19.6.2025; judgment Per Anil S. Kilor, J.; Coram: Anil S. Kilor and Mrs. Vrushali V. Joshi, JJ.). The applicant, sister-in-law of non-applicant No.2 (the complainant wife), sought quashing of Crime No.0253/2019 dated 16.5.2019 of Buldhana City Police Station for offences under Sections 498-A, 323, 504 and 506 read with Section 34 IPC. No charge-sheet had been filed against her, the Court having directed the State on 3.7.2019 not to file one. Her brother (husband of non-applicant No.2), a co-accused, was tried and acquitted vide judgment and order dated 24.11.2021, non-applicant No.2 having stated in trial that she had no complaint and the matter was settled out of Court. Holding that these facts required quashing, and that on merits no offence was made out against the applicant on the FIR allegations, the Court allowed the application and quashed and set aside the FIR against the applicant.

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2025:BHC-NAG:5671-DB

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apl633.2019

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

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CRIMINAL APPLICATION (APL) NO.633/2019

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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.

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... Applicant

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Versus -

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The State of Maharashtra, through Police Station Officer, Buldhana City Police Station, Distt. Buldhana.

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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

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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.

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JUDGMENT (Per Anil S. Kilor, J.)

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Rule . Rule made returnable forthwith. Heard finally

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by consent of learned Advocates for the parties.

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2 apl633.2019

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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.

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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

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3 apl633.2019

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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.

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For the aforesaid reasons, the criminal application is

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allowed.

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F.I.R. No.0253/2019 dated 16.05.2019 registered at

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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.

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(MRS.VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.)

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Tambaskar.

Smt Ruhina Anjum W/O Zakir Khan v. State of Mah., Thr. Pso

Case brief

What is this about?

What did the court decide?

Smt Ruhina Anjum W/O Zakir Khan v. State of Mah., Thr. Pso

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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