Imran Khan Ayyub Khan v. The State Of Maharashtra Pso Ps Anjangaon, Dist. Amravati.

2025:BHC-NAG:5471-DB 1 909apl662.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APL] NO.662 OF 2025 [Imran Khan Ayyub Khan and others .vs. 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 P.L. Sagdeo, Advocate for Applicants.

Shri U.R. Phasate, APP for Respondent No.1/State. Shri S.Y. Khan, Advocate for Respondent No.2-Complainant. .......................

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

DATE : JUNE 13, 2025 .

P.C.

1.

Both the learned counsel for applicants and respondent no.2-complainant make a joint statement that the parties have settled the matter amicably and respondent no.2-complainant is residing with her husband-Applicant No.1 from last one year. It is stated that both have decided to withdraw the proceedings filed against each other and in that view of the matter, the respondent no.2 does not want to prosecute the applicants. 2.

In the present matter, the challenge is raised to the chargesheet bearing Regular Criminal Case No.141/2024 arising out of Crime No.0415/2024 dated 10.06.2024 registered with Police Station, Anjangaon, District-Amravati Rural for the offence punishable under Sections 498-A, 323 r/w 34 of the Indian Penal Code.

2 909apl662.25.odt 3.

Since the matter is of matrimonial dispute and the parties have already settled the matter and the respondent no.2 is residing with her husband-Applicant no.1 from last one year, we are of the opinion that the statement made by the respondent no.2, who is personally present in the Court and has been identified by her counsel is to be accepted to the effect that she does not want to prosecute the applicants.

4.

In the above referred backdrop, we are of the opinion that even if the trial is conducted, no fruitful purpose will be served and in that event the whole exercise will be proved as futile.

5.

Accordingly, we allow the present application in terms of prayer Clause (i) :

(i) to quash and set aside the charge sheet bearing RCC No.141/2024 arising out of Crime No./F.I.R. No.0415/2024, dated 10/06/2024, registered with respondent No.1/Police Station Anjangaon, Tq. Anjangaon Surji, Dist. Amravati Rural, for the offences punishable under Sections 498-A, 323, 34 of the IPC, against applicants pending before the Jt. Judicial Magistrate, First Class, Anjangaon Surji, Tq. Anjangaon Surji, Dist. Amravati (Rural), (ANNEXURE-A).

(PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.) Gulande