The Bombay High Court (Bombay Bench) dismissed the writ petition seeking quashing of criminal proceedings and FIR in a family dispute involving allegations of assault and molestation.
Petitioners Nilofar Imran Khan (second wife of accused) and Nadeem Nafees Khan (her brother) moved the Court under Article 226 of the Constitution and Section 482 of the CrPC to quash FIR related criminal case, pending before the Judicial Magistrate First Class (Vikhroli, Mumbai). The FIR alleged offences under Sections 323, 354, 509, 325, and 34 of the Indian Penal Code relating to assault and insult.
The dispute stemmed from ongoing matrimonial discord between Respondent No.2 (Ayesha Imran Khan, first wife of accused No.1) and her husband. On 27 November 2019, Mrs. Khan alleged verbal abuse by accused at a market. The following night, she was called to meet Petitioner No.1, where she was insulted and assaulted- in particular, accused No.1 punched her near her left eye and forehead, inflicting injuries. Police and medical aid were summoned promptly. Subsequent altercations took place outside the police station after the initial complaint was registered.
Petitioners contended that the case was an extension of a protracted matrimonial dispute, and that Petitioner No.1 was maliciously implicated. They referenced a Memorandum of Understanding (MOU) between the couple, and argued that Respondent No.2 had already received its benefits; further, police had filed charges without proper verification.
Counsel for the petitioners highlighted lack of direct evidence against them and alleged misuse of criminal process for personal vendetta. The State opposed the petition, noting the complaint, eyewitness statements (including corroboration by Respondent No.2’s brother), medical certificates, and regular investigation before charge-sheet justified continuation of proceedings.
The Bench comprising Justice A.S. Gadkari and Justice Rajesh S. Patil observed that at the stage of considering quashing under Section 482 CrPC, courts must limit scrutiny to whether prima facie a case is made out; detailed appraisal of evidence is impermissible. Given the FIR contents, eyewitnesses, and medical evidence supporting the allegations, the Court found no case for quashing the proceedings against the petitioners.
In result, the writ petition to quash the FIR and criminal case was dismissed. The Court instructed that the interim application became infructuous and was also disposed of.
Cases relied on:
1. State of Haryana & Ors. vs. Ch. Bhajan Lal & Ors., AIR 1992 SC 604
2. Rajeev Kourav vs. Baisahab & others, (2020) 3 SCC 317
3. Kaptan Singh vs. State of Uttar Pradesh and others, (2021) 9 SCC 35
4. CBI vs. Aryan Singh, AIR 2023 SC 1987
Appearances:
Sanjay Bhatia for Petitioners.
Ashish I. Satpute, A.P.P. for Respondent-State.
