LAWS(BOM)-2023-8-235

SHAIKH MOHAMMED ABDUL JABBAR Vs. STATE OF MAHARASHTRA

Decided On August 23, 2023
Shaikh Mohammed Abdul Jabbar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Learned counsel for the applicants, on instructions, seeks leave to withdraw the application of applicant No.1 Shaikh Mohammed Abdul Jabbar s/o Shaikh Mohammad Abdul Sattar. The application of applicant No.1 thus stands disposed of as withdrawn.

(2.) This application has been filed for quashment of F.I.R. bearing No.397/2021, registered at Badnapur Police Station, District Jalna and the consequential Charge Sheet obearing No.253/2021, dtd. 25/12/2021 for the offences punishable under Ss. 498-A, 323, 504 read with Sec. 34 of the Indian Penal Code and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 and R.C.C. No.12/2022 pending before the learned Jt. Civil Judge, Junior Division and Judicial Magistrate, First Class, Badnapur, District Jalna.

(3.) What can be gathered from the F.I.R. and the police papers is that, the respondent No.2 wife married co-accused Shaikh Mohammed Abdul Jabbar (applicant No.1) in June 2014. The couple was blessed with two children. It is informed that, one of the child has now passed away. The respondent No.2 wife was treated well for initial period of 3 - 4 months of the marriage. Thereafter all the applicants and the co-accused started harassing and ill-treating her so as to coerce her to fetch Rs.5.00 Lakhs from her parents for opening of a hotel. She was even driven out of the matrimonial home. Her parents brought her back. That time, the demand of Rs.5.00 Lakhs was enhanced to Rs.10.00 Lakhs. The respondent No.2 wife's character was also suspected. She was ill- treated over the same reason also.