Rizwaan S/O. Ramjan Khan Pathan And Others v. State Of Maharashtra Thr. Police Station Officer, Police Station Mankapur Dist. Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application (APL) No.163 of 2016 [Mohammad Yunus s/o Mohammad Yusuf Patel and another v. State of Maharashtra, through Police Station Officer, Police Station Mankapur, District Nagpur, and another] And Criminal Application (APL) No.485 of 2017 [Rizwaan s/o Ramjan Khan Pathan and others v. State of Maharashtra, through Police Station Officer, Police Station Mankapur, District. Nagpur, and another] Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order In Criminal Application (APL) No.163 of 2016 : Shri P.S. Tiwari, Advocate for Applicants.

Shri B.M. Lonare, Additional Public Prosecutor for Respondent No.1.

Shri S.A. Malani, Advocate for Respondent No.2. In Criminal Application (APL) No.485 of 2017 : Shri P.S. Tiwari, Advocate for Applicants.

Shri B.M. Lonare, Additional Public Prosecutor for Respondent No.1.

Ms Soniya A. Tiwari, Advocate for Respondent No.2. Coram : R.K. Deshpande & Manish Pitale, JJ.

Date : 20 th September, 2017 In Criminal Application No.485 of 2017, the respondent No.2, who is the wife of the applicant No.1, has filed an affidavit

stamp No.3107 of 2017, and paras 1 to 5 thereof are reproduced below :

"1.

I, Farha Naaj w/o Rizwan Khan Pathan, Aged about 26 years, Occ.: Housewife, R/o C/o. Sheikh Iqbal Sayyad Post Bangali Panja, Near Railway Crossing District: Nagpur the respondent no.2 in the matter hereby state on oath that I have arrived at a compromise with the applicants and do not want to prosecute the FIR no.13/2015 filed in Mankarpur Police station for offences punishable under section 498A r/w section 34 of the Indian Penal Code. 2.

That I have started residing with my husband i.e. applicant no.1 in the matter. That as a part of compromise all my ornaments and (Stree-Dhan) are kept in safe custody of my father in law Ramjan khan who is the applicant no.2. in view of me resuming marital life with my husband, I am hereby giving consent for quashing of the FIR no.13/2015. 3.

That I also give consent for allowing the APL no 163/2015 pending before this Hon'ble Court for quashing of the said FIR which application is filed by Mohammad Yunus Patel and Aaliya w/o Mohammad Yunus Patel

4.

The said compromise is arrived with my free will and without any coercion or force.

5.

Hence this affidavit."

Both these criminal applications are filed for quashing of FIR No.13/2015, registered under Section 498-A read with Section 34 of the Indian Penal Code with the respondent No.1-Mankapur Police Station at Nagpur. In view of the consent of all the parties, particularly of the respondent No.2, FIR No.13/2015, is hereby quashed and set aside. The criminal applications stand allowed and disposed of accordingly.

(Manish Pitale, J.) (R.K. Deshpande, J.) Lanjewar