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Bombay High CourtAPL/945/2018rule absolute

Mohd. Meraj Jabir Khan v. The State Of Maharashtra And ANR.

2018-11-28Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

20-apl-945 .2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 945 OF 2018 Mohd Meraj Jabir Khan ... Applicant Vs.

The State of Maharashtra and Ors.

...

Respondents Mr. M.S. Ahmed for the applicant.

Mr. S.R. Shinde, APP for the respondent State. Mr. Mateen Shaikh for R. No. 2.

CORAM : B.P. DHARMADHIKAKRI & SARANG V. KOTWAL, JJ.

DATE :

NOVEMBER 28, 2018 P.C.:

Original accused (applicant) is present with his counsel while original complainant (respondent no. 2) is present with her counsel. APP appears for respondent no. 1. Parties jointly state that they have married on 19/12/2017 and are residing together. 2.

Respondent no. 2 has filed affidavit accepting the statement and declining to give any evidence against her husband. Along with the petition, invitation card, nikahnama are already placed on record. In the affidavit, it is explained that the police station is already informed about the marriage and police report was lodged due to some misunderstanding.

nilegaonkar 1/2

20-apl-945 .2018.doc 3.

In view of the marriage and as we find that nothing fruitful will come out of prosecution, we make the rule absolute in terms of prayer clause (b).

(SARANG V. KOTWAL, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2