Advocates:
['WANI RUCHIR S', 'COPY SERVED ON PP', '', 'ADV M R WAGH APPOINTED', 'PP', 'ADV S B DURWANDE']

1

cran 2255.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.2255 OF 2019

Kalim Shaikh Munaf and others ...Applicants..

Versus

The State of Maharashtra

and another.

..Respondents..

...

Advocate for Applicants : Mr. R S Wani

APP for Respondent no.1-State : Mr. R V Dasalkar

Advocate for Respondent no.2 : Mr. M R Wagh

(appointed)

...

CORAM : V.K. JADHAV & SHRIKANT D.KULKARNI, JJ.

...

Reserved on : October 1, 2021

Decided on : January 3, 2022

...

ORDER :- ( Per V. K. Jadhav, J.)

1.

Heard fnally with consent at admission stage.

2.

The applicants/original accused are seeking

quashing of the First Information Report bearing Crime

No.77 of 2019 registered with Sakri Police Station,

District Dhule for the offence punishable under Sections

498-A, 494, 406, 420, 323, 504, 506 r/w 34 of the

Indian Penal Code. Further, during pendency of this

criminal application, charge-sheet has been submitted.

aaa/-

2

cran 2255.2019.odt

Thus, by carrying out an amendment, the

applicants/accused are also seeking quashing of the

proceedings bearing RCC No.263 of 2021 pending before

the Judicial Magistrate, First Class, Sakri.

3.

The learned counsel for the applicants, on

instructions, seeks leave to withdraw the application of

applicant nos.1 to 3 to the extent of the charge under

sections 498-A read with 34 of the Indian Penal Code is

concerned.

4.

Leave granted to the extent of the charge under

section 498-A read with section 34 of the Indian Penal

Code. Application of applicant no.1) Kalim Shaikh

Munaf (husband of respondent no.2), applicant no.2)

Suriyabee @ Biba Shaikh Munaf (mother-in-law of

respondent No.2) and applicant no.3) Munaf Shaikh

Haji Abdul Kadar (father-in-law of respondent no.2) is

hereby dismissed as withdrawn to the extent of the

charge under section 498-A r/w 34 of the Indian Penal

Code only.

aaa/-

3

cran 2255.2019.odt

5.

The learned counsel for the applicants submits

that, though names of the applicant nos.4 to 11 are

mentioned in the FIR, however, allegations as against

them are general in nature, without attributing any

specifc individual role to each of them and also without

quoting any specifc incident. Learned counsel submits

that the allegations so far as the charge under section

498-A r/w 34 of the IPC is concerned, the same has

been made against applicant no.1) Kalim Shaikh Munaf

(husband of respondent no.2), applicant no.2) Suriyabee

@ Biba Shaikh Munaf (mother-in-law of respondent

No.2) and applicant no.3) Munaf Shaikh Haji Abdul

Kadar (father-in-law of respondent no.2), whose

application seeking quashing of the FIR and the

proceedings to the extent of section 498-A r/w 34 of the

IPC is withdrawn.

6.

Learned counsel for the applicants submits that

applicant no.4 is the brother-in-law and applicant no.5

is his wife. The applicant no.6 is married sister-in-law,

whose marriage was performed way back in the year

aaa/-

4

cran 2255.2019.odt

2001. She is residing with her husband at Jalgaon

Applicant No.7 is another married sister-in-law, whose

marriage is performed way back in the year 2000 and

she also resides at Jalgaon alongwith her husband.

Learned counsel submits that applicant nos.8 and 9 are

the parents of applicant no.5, applicant no.10 is the

sister of applicant no.5 and applicant no.11 is brother of

applicant no.5. So far as the applicant nos.8 to 11 are

concerned, since respondent no.2/informant has made

allegations about performing of second marriage by

applicant no.1/husband with applicant no.10, applicant

nos.8 to 11 have been arraigned as accused persons in

connection with the present crime to