Shabina W/O Fazlur Mulla v. State Of Maharashtra

2025:BHC-NAG:5065-DB 1 956apl342.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APL] NO.342 OF 2025 [Shabina w/o Fazlur Mulla and one .vs. The State of Maharashtra and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Syed Salman Ali, Adv. with Shri Y.J. Sheikh, Adv. for Applicants. Shri A.B. Badar, APP for Non-Applicant No.1/State. Shri Mohd. Noman Khan, Advocate for Non-Applicant No.2. ................

CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ.

DATE : MAY 02, 2025 .

P.C.

1.

Learned counsel for applicants and learned counsel for non-applicant no.2-informant make a statement that the parties have settled the matter and in a reply filed by the non-applicant no.2 today, on affidavit he made a categorical statement about the same.

2.

Considering the nature of allegations and offence and further considering the fact that even if the trial is conducted, no purpose would be served and the whole exercise will be futile. In the circumstances, when there is lot of pendency before the Lower Court, to save the time of the Court and lessen the burden of the court, we are of the opinion that by accepting the settlement, the FIR can be quashed and set aside. However, it will be subject to cost, as the applicants and non-applicant no.2 put the criminal law in motion.

2 956apl342.25.odt 3.

In the circumstances, we proceed to pass the following order :

O R D E R

(i) Criminal Application is allowed.

(ii) The FIR No.80/2025 registered with Police Station Mankapur, Nagpur City, against the present applicants under Sections 109, 115 (2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, is hereby quashed and set aside, subject to payment of cost of Rs.25,000/- within 4 weeks in the account of the High Court Gazetted Officers Association, Nagpur. 4.

Criminal Application stands disposed of accordingly. (PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.) Gulande