Zulfikar Zabbar Gani v. The State Of Maharashtra Thr Pso Ps Gondia City Dist. Gondia And Another

2025:BHC-NAG:4932-DB

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.527 OF 2025 Zulfikar @ Chotu Zabbar Gani, aged about 35 years, Occ. Business, r/o New Laxmi Nagr, Bank Colony, Tq. And Distt.

Gondia.

... APPLICANT

VERSUS

1.

State of Maharashtra, through PSO, Gondia City, District Gondia.

2.

XYZ in Crime No. 0531/2017, through PSO Gondia City, District Gondia.

... NON-APPLICANT(S).

_____________________________________________________________ Shri V.S. Mishra, Advocate for the applicant. Mrs. S.Z. Haider, Addl.P.P. for the State.

Shri A.N. Rangari, Advocate for non-applicant no.2. ______________________________________________________________ CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ.

DATE : 06.05.

2025.

ORAL JUDGMENT : (Per : Anil S. Kilor, J.) Heard. Issue notice to the non-applicants, returnable forthwith. Learned Additional Public Prosecutor and learned Counsel

appearing for the non-applicant no. 2, waive notice on behalf of their respective parties.

2.

RULE. Rule made returnable forthwith.

3.

By this application, the applicant is seeking quashment of charge-sheet bearing Sessions Case No.34 of 2019 pending on the file of the learned Additional Sessions Judge, Gondia arising out of First Information Report No.0531 of 2017 registered with the Gondia City Police Station, District Gondia for the offence punishable under Sections 376(2)(n), 363, 364A, 342, 506, 34, 120B, 323, 354, 357 of the Indian Penal Code.

4.

Learned Counsel appearing for non-applicant no.2 filed an affidavit on record wherein non-applicant no. 2 has stated that on account of intervention of her family, relatives and close friends, the dispute between her and the applicant has been settled. Now she is not interested in prosecuting the criminal proceedings against the applicants and wants to live life peacefully. The affidavit filed in that regard, is taken on record.

5.

In the above referred backdrop, we have perused the FIR. From which it is evident that, it is a case of consensual relationship.

6.

Since the parties have settled their dispute amicably, continuation of prosecution against, even if the trial is conducted no fruitful purpose would be served. Accordingly, we pass the following order :

(a) The Criminal Application is allowed.

(b) Charge-sheet bearing Sessions Case No.34 of 2019 pending on the file of the learned Additional Sessions Judge, Gondia arising out of First Information Report No.0531 of 2017 registered with the Gondia City Police Station, District Gondia for the offence punishable under Sections 376(2)(n), 363, 364A, 342, 506, 34, 120B, 323, 354, 357 of the Indian Penal Code, is hereby quash and set aside.

(PRAVIN S. PATIL , J.

) (ANIL S. KILOR , J.

) Trupti