Nooruddin Abdul Matin Rayeen v. The State Of Maharashtra Thr. Pso Ps Akot Fail, Ps. Akola And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APL) No. 505 of 2025 Nooruddin Abdul Matin Rayyen and others

Versus

The State of Maharashtra through Police Station Officer, Police Station Akot Fail, Police Station Akola and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Jamal Abdul Hameed, Advocate for the applicants. Shri A.B.Badar, APP for the non-applicant/State. Shri V.R.Basehankar, Advocate for the non-applicant no.2. CORAM : ANIL S. KILOR & PRAVIN S. PATIL, JJ.

DATED : 28th APRIL, 2025.

Heard.

2.

By this application, the applicants are seeking to quash the Proceeding bearing Regular Criminal Case No. 874 of 2021 pending before the Chief Judicial Magistrate, Akola arising out of Charge-Sheet No. 902 of 2021 dated 9th July, 2021 and First Information Report No. 360 of 2021 dated 23rd April, 2021 for the offence punishable under Sections 498-A, 323, 504 read with Section 34 of Indian Penal Code. 3.

Today when the matter is called out, both the parties made a joint statement that after the matrimonial discord they came together

with the interference of elder family members. Non-applicant no.2 who is present before the Court and identified by her advocate, stated that she do not want to proceed against the present applicants. In support of statement of non-applicant no.2, she further confirmed the fact of filing of affidavit dated 15th April, 2025 which states that she do not want to proceed against the applicants as the matter has been amicably settled.

4.

In the case of B.S.Joshi and others Vs. State of Haryana and another reported in 2003(4) SCC 675 as well as in the case of Narinder Singh and others Vs. State of Punjab and another reported in 2014(6) SCC 466, wherein the Hon'ble Supreme Court has held to encourage genuine settlement of matrimonial matters. In view of this as the matter has been settled between the parties and affidavit is placed on record, same is accepted. Accordingly, we proceed to pass the following order.

i.

Criminal application is allowed.

ii.

Regular Criminal Case No. 874 of 2021 pending before the Chief Judicial Magistrate, Akola arising out of Charge-Sheet No.

902 of 2021 dated 9th July, 2021 and First Information Report No. 360 of 2021 dated 23rd April, 2021 for the offence punishable under Sections 498-A, 323, 504 read with Section 34 of Indian Penal Code is hereby quashed and set aside against the applicant no.1 - Nooruddin S/o Abdul Matin Rayeen, applicant no.2 - Noor Ahmad S/o Abdul Matin Rayeen, applicant no.3 - Husamuddin S/o Abdul Matin Rayeen, applicant no.4 - Salma Bee Wd/o Abdul Matin and applicant no.5 - Mohsina Anjum W/o Sheikh Jabir.

[PRAVIN S. PATIL, J.] [ANIL S. KILOR, J.]