Bombay High Court
Moin Majeed Qureshi vs The State Of Maharashtra And Another on 7 August, 2024
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2024:BHC-AUG:18684-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2156 OF 2022
Moin S/o Majeed Qureshi,
Age-40 years, Occu:Business,
R/o-Khaja Nagar, Mominpura,
Beed, Taluka and District-Beed.
...APPLICANT
VERSUS
1) The State of Maharashtra,
Police Inspector,
Peth Beed Police Station,
Taluka and District-Beed,
2) X. Y. Z.
...RESPONDENTS
WITH
CRIMINAL APPLICATION NO.307 OF 2023
1) Mubin S/o Majeed Qureshi,
Age-35 years, Occu:Business,
R/o-Khaja Nagar, Mominpura,
Beed, Taluka and District-Beed,
2) Shamshadbi W/o Moin Qureshi,
Age-40 years, Occu:Household,
R/o-Qureshi Mohala, Mominpura,
Beed, Taluka and District-Beed,
3) Abdul S/o Rauff Qureshi,
Age-47 years, Occu:Labour,
R/o-Mohamadiya Colony, Mominpura,
Beed, Taluka and District-Beed,
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4) Arbaj S/o Moin Qureshi,
Age-21 years, Occu:Education,
R/o-Qureshi Mohalla, Mominpura,
Beed, Taluka and District-Beed,
5) Mujahid S/o Abdul Qureshi,
Age-35 years, Occu:Business,
R/o-Khaja Nagar, Mominpura,
Beed, Taluka and District-Beed,
6) Najeem S/o Kaleem Qureshi,
Age-25 years, Occu:Education,
R/o-Qureshi Mohalla, Mominpura,
Beed, Taluka and District-Beed,
...APPLICANTS
VERSUS
1) The State of Maharashtra,
Police Inspector,
Peth Beed Police Station,
Taluka and District-Beed,
2) X. Y. Z.
...RESPONDENTS
...
Mr. Amol Ratan Gaikwad Advocate for Applicants in both
the Applications.
Mr. M.K. Goyanka, A.P.P. for Respondent No.1 - State in both
Applications.
Mr. Pratik P. Pangal Advocate h/f. Mr. H.V. Tungar Advocate
for Respondent No.2 in both Applications.
...
CORAM: SMT. VIBHA KANKANWADI AND
ABHAY S. WAGHWASE, JJ.
DATE : 7th AUGUST, 2024
ORDER [PER SMT. VIBHA KANKANWADI, J.] :
1. Both the Applications have been filed under Section 482 of
the Code of Criminal Procedure for quashing the First
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Information Report (for short "the FIR") vide Crime No. 40 of
2022 registered with Peth Beed Police Station, Taluka and
District- Beed and the proceedings in Sessions Trial Case No. 197
of 2022 pending before the learned Additional Sessions Judge,
Beed, for the offence punishable under Sections 376, 143, 323,
506 of the Indian Penal Code.
2. Heard learned Advocate for the applicants in both the
matters, learned APP for respondent No.1 and learned Advocate
Mr. Pangal holding for learned Advocate Mr. Tungar for
respondent No.2.
3. After disinclination is shown to grant any relief to applicant
in Criminal Application No.2156 of 2022, learned Advocate for
the applicants, on instructions, seeks withdrawal of the said
Application as against the said applicant. In view of the said
statement, the said Application stands disposed of as withdrawn.
4. The submissions were considered for the applicants in
Criminal Application No.307 of 2023. Learned Advocate for the
applicants has taken us through the FIR as well as the material
in the charge-sheet. He submits that respondent No.2 is thirty
five years old married lady, having three sons and one daughter.
She is residing with her husband and the children. She says that
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she got acquainted with original accused No.1 - Moin Majeed
Qureshi, who is the applicant in Criminal Application No.2156 of
2022. As regards the offences under Section 376 of the Indian
Penal Code are concerned, those are all against the said
applicant. Present applicants i.e. applicants in Criminal
Application No.307 of 2023, are the relatives of said applicant -
original accused No.1. They have been unnecessarily roped in on
a concocted story which alleged to have taken place on 18 th
February 2022. The present FIR came to be lodged on 19 th
February 2022 at 2.16 hours. But in respect of the said incident
dated 18th February 2022, original accused No.1 had lodged
offence vide Crime No.39 of 2022 at 23.49 hours on 18 th
February 2022 itself, in which the present informant, her
husband and other relatives are accused for the offence
punishable under Sections 143, 147, 148, 149, 452, 326, 323,
504, 506, 427 of the Indian Penal Code. Thus, the present FIR
against the present applicants is nothing but a counter blast.
Though specific role is attributed to the applicants, it would be a
futile exercise to ask the applicants to face the trial.
5. As aforesaid, the present application is restricted to the
other accused persons and not accused No.1 against whom the
allegations of rape are levelled. Therefore, only said part of the
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FIR and the statements are considered. In the FIR, it is stated by
the informant that on 18 th February 2022, Moin Qureshi, accused
No.1, was looking at her son with anger and therefore, the son
of the informant asked him as to why he was staring at him.
Thereby, there was altercation between them and then she says
that all the accused persons had assaulted her son and when
here relatives went to rescue her son, there was quarrel. In her
supplementary statement, as regards the incident dated 18 th
February 2022 is concerned, she has not uttered a single word
against the present applicants. Further, in her statement under
Section 164 of the Code of Criminal Procedure also, there is
nothing against the present applicants. In his statement, the son
of the informant has only named the present applicants and
stated that the applicants had assaulted him by slaps and fists.
In none of these statements, they have made a statement, as to
where exactly the alleged incident had taken place. Therefore,
there is substance in the submissions on behalf of the applicants
that the applicants have been roped as the FIR was already
lodged against the informant and her relatives. Therefore, it
would be unjust to ask the present applicants to face the trial
and therefore, their application deserves to be allowed. Hence
the following order:-
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ORDER
(I) Criminal Application No.2156 of 2022 stands disposed of as withdrawn.
(II) Criminal Application No.307 of 2023 stands allowed.
(III) The proceedings in Sessions Trial Case No.197 of 2022 pending before the learned Additional Sessions Judge, Beed for the offence punishable under Sections 376, 143, 323, 506 of the Indian Penal Code arising out of First Information Report vide Crime No.40 of 2022 registered with Peth Beed Police Station, Taluka and District-Beed, stands quashed and set aside as against applicant No.1 - Mubin S/o Majeed Qureshi, applicant No.2 - Shamshadbi W/o Moin Qureshi, applicant No.3 - Abdul S/o Rauff Qureshi, applicant No.4 - Arbaj S/o Moin Qureshi, applicant No.5 - Mujahid S/o Abdul Qureshi and applicant No.6 - Najeem S/o Kaleem Qureshi.
[ABHAY S. WAGHWASE] [SMT. VIBHA KANKANWADI]
JUDGE JUDGE
asb/AUG24