Miss Shafia Rafiq Belim (Shafia Mohsin Khan) v. The State Of Maharashtra And Another

2025:BHC-AUG:24665-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4556 OF 2024 Miss. Shafia Rafiq Belim (Mrs. Shafia Mohsin Khan), Age about 38 years, Occu:Housewife, Residing at: 102, Silicon Plaza, Barsha Heights, T.Com, Dubai-500001, UAE ...APPLICANT

VERSUS

1) The State of Maharashtra, Through its Police Inspector, Kotwali Police Station, Parbhani, District-Parbhani,

2) Mrs. Ayesha Humera Qamar Belim, (Alias Ayesha Humera Maheboob Shaikh), Age-Abour 32 years, Occu:Dentist, Residing at: H.M. Galib Nagar, Dargah Road, Parbhani ...RESPONDENTS ...

Mr. Rahil Kazi Advocate h/f. Mr. Abdulla Peerzade Advocate for Applicant.

Mr. V.K. Kotecha, A.P.P. for Respondent No.1. Mr. S.S. Jangada Advocate for Respondent No.2. ...

CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 11th SEPTEMBER, 2025

ORDER [PER SMT. VIBHA KANKANWADI, J.] :

1.

Present Application has been filed for quashing the First Information Report vide Crime No. 276 of 2024 registered with Kotwali Police Station, Parbhani, District-Parbhani, on 12th August 2024, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code. 2.

Heard learned Advocate Mr. Rahil Kazi holding for learned Advocate Mr. Peerzade for the applicant, learned APP Mr. Kotecha for respondent No.1 and learned Advocate Mr. Jangada for respondent No.2. In order to cut short, it can be stated that the learned Advocates for respective parties have argued in support of their contentions.

3.

It is not in dispute that present respondent No.2 got married to the brother of the present applicant on 17th April 2019. It is also not in dispute that the present applicant - sisterin-law, ordinarily resides at Dubai. The allegations in the First Information Report are that whenever she used to come from Dubai, she used to harass. With such omnibus and vague

allegations, it would be an abuse of process of law if the applicant is asked to face the trial. Hence, we proceed to pass following order:-

O R D E R

(I) The Application stands allowed.

(II) The First Information Report vide Crime No. 276 of 2024 registered with Kotwali Police Station, Parbhani, District-Parbhani, on 12th August 2024, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code and further proceedings, if any, arising out of the same, stands quashed and set aside as against applicant - Miss. Shafia Rafiq Belim (Mrs. Shafia Mohsin Khan).

[HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/SEP25