Junaid S/O Ibrahim Khan And 4 Others v. State Of Mah. Thr. Pso(City) Chandrapur Tah. And Dist.Chandrapur And Another

2025:BHC-NAG:8237-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APL] NO. 374 OF 2021 Junaid s/o Ibrahim Khan and Others -- VERSUS -- State of Maharashtra and Another __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. J.D. Doye Advocate for the Applicants.

Ms. Ritu Sharma, A.P.P. for the Non-applicant No.1/State. Ms. A.I. Khan, Advocate for the Non-applicant No.2. CORAM :

ANIL L. PANSARE, AND M.M. NERLIKAR, JJ.

DATE :

AUGUST 20, 2025.

CRIMINAL APPLICATION [APPP] NO. 1609/2025:- 1.

This is an application seeking to condone the delay of 109 days in filing restoration application. 2.

For the reasons set out in the application, application is allowed. The delay of 109 days in filing restoration application is condoned. Application is disposed of.

CRIMINAL APPLICATION [APPP] NO. 1633/2025:- 3.

For the reasons set out in the application, the application is allowed. Criminal Application [APL] No.374/2021 is restored to file. Application is disposed of.

CRIMINAL APPLICATION [APL] NO. 374 OF 2021:- 4.

Heard.

5.

In December, 2024, the applicant No.1 and non-applicant No.2 filed an application stating therein that the dispute has been amicably settled between the parties with a prayer to quash the proceedings pending before the Chief Judicial Magistrate, Chandrapur for the offences punishable under Section 498A and 506 read with Section 34 of the Indian Penal Code, 1860. The applicant No.1 and non-applicant no.2 have decided to reside separately. The maintenance amount has been paid by applicant No.1 to the non-applicant No.2 as one time alimony. Rs.15,00,000/- has been paid to non-applicant No.2 and Rs.17,50,000/- has been invested in a Fixed Deposit in the name of two children. The proceedings filed by non-applicant No.2 against the applicants under the provisions of the Protection of Women from Domestic Violence Act, 2005, has been withdrawn. Similarly, the proceedings filed under Section 125 of the Criminal Procedure Code, 1973, has been also withdrawn. What remains is the proceeding pending before the Chief Judicial Magistrate, Chandrapur.

6.

We have interacted with applicant and non-applicant no.2 to find that they have willingly resolved the dispute and have decided to put to rest

the pending issues and to lead a peaceful life. We appreciate the decision taken by the parties. The application filed before us is, however, not signed by applicant Nos.2 to 5.

7.

At this stage, the counsels made a request to grant some time to file a Joint Pursis. Time granted. List on 26/08/2025.

8.

The presence of applicant and nonapplicant no.2 is exempted for next date, so also, the presence of the other applicants for the reason that the contesting parties were applicant no.1 and nonapplicant no.2. 9.

The Advocate shall identify the signatures of the other applicants and place the same before the Court for further consideration.

[ M.M. NERLIKAR, J ] [ANIL.L. PANSARE, J ] Piyush Mahajan