Waseem Khan S/O. Mubeen Khan(Husband) v. The State Of Maharashtra Thr. Pso Frezarpura Amravati And Another

1 915.apl.492.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.492 OF 2024 Waseem Khan s/o Mubeen Khan ..vs..

State of Maharashtra and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. Singha, Advocate for the applicant.

Shri Chutke, Addl.P.P. for the State.

Shri Mirza, Advocate for the non-applicant no.2.

CORAM:

VINAY JOSHI AND MRS.VRUSHALI V. JOSHI , J J.

DATED :

21/03/2024.

Heard finally with the consent of learned Counsel appearing for the parties.

2.

This is an application seeking to quash the charge-sheet arising out of crime bearing First Information Report No.485 of 2020 registered at Frezarpura Police Station, Amravati City for the offence punishable under Sections 498-A, 34 of the Indian Penal Code and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, on account of mutual settlement.

3.

The informant lady has appeared before the Court, who is identified by her Advocate Shri Mirza. The informant lady has filed an affidavit-in-reply stating about the settlement. She has also stated about the receipt of agreed sum of Rs.4,50,000/- and stated her no objection to quash the proceedings. The terms of settlement have been also filed on record. The parties have decided to sever their matrimonial ties by

2 915.apl.492.2024 approaching competent forum. The couple has no issue from the wedlock.

4.

The offence cannot be termed as heinous or anti social. In view of that, the application is allowed. We hereby quash and set aside the charge-sheet arising out of crime bearing First Information Report No.485 of 2020 registered at Frezarpura Police Station, Amravati City for the offence punishable under Sections 498-A, 34 of the Indian Penal Code and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. 5.

The application stands disposed of accordingly. (MRS.

VRUSHALI V. JOSHI , J.

) (VINAY JOSHI, J.) Trupti