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2012 DIGILAW 950 (BOM)

Shahed Parvez Khan v. State of Maharashtra

2012-05-07

M.L.TAHALIYANI

body2012
Judgment : Admitted. Heard finally by consent of the counsel for the parties. 2. The applicants want the proceedings pending before the learned Judicial Magistrate, First Class, Court No.7 Nagpur, to be quashed on the ground that the respondent no.2 has no case at all of any nature to continue the said proceedings. 3. Few admitted facts are that the applicant no.1 is the brother of husband of respondent no.2-Smt.Sadiya Khan. It is also admitted that Smt. Sadiya along with her husband and other family members is staying on ground floor of the building and the applicant nos.1 and 2 are staying on the first floor of the same building. The applicant no.2 is the wife of the applicant No.1. Both the brothers i.e. applicant no.1 and husband of the respondent no.2 are residing separately and they have got their separate kitchens. The dispute appears to be in respect of the property i.e. the building in which they are staying. Admittedly, the building was purchased by the father of the applicant no.1 and husband of respondent no.2. Civil Suits are pending in respect of the dispute pertaining to said building. 4. I have gone through the Complaint. In the first place, it is abundantly clear that the respondent no.2-Smt.Sadiya Khan is not at all in domestic relation with either of the applicant. It is abundantly clear from the Complaint itself that the applicant nos.1 and 2 are staying on first floor and respondent no.2 is staying on the ground floor. Their kitchens are separate. Both the brothers are running their household independently As such, it cannot be said that the brothers are staying in the joint family. Except being member of family, there does not appear to be any other category under which the respondent no.2 could fall as person in domestic relations with the applicants. Since there is no joint family and both the brothers are staying separately having their separate kitchens, the respondent no.2 is not in domestic relations with either of the applicant. The very basis of the Complaint itself is false and mischievous. It appears that this Application is filed to bring pressure on the applicants to resolve the property dispute. In the circumstances, continuation of proceedings before the Magistrate is gross abuse of process of law. The proceedings must come to an end with immediate effect. The very basis of the Complaint itself is false and mischievous. It appears that this Application is filed to bring pressure on the applicants to resolve the property dispute. In the circumstances, continuation of proceedings before the Magistrate is gross abuse of process of law. The proceedings must come to an end with immediate effect. Hence, I pass the following order: ORDER The proceedings pending before the leaned Judicial Magistrate, First Class, Court No.7, Nagpur vide Misc. Criminal Case No.1170/2010 filed by respondent no.2 -Smt. Sadiya Khan against the applicant 1 and 2 shall stand quashed. Any ad-interim/ interim order passed by the learned Magistrate shall also stand quashed.