Shadab Rahman Shayyed v. The State Of Maharashtra

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 953 OF 2025 Shadab Rahman Shayyed ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Rahul R. Shelke a/w. Akshata Karale and Akshay Bansode for Applicant.

Ms. Supriya Kak, APP for State/Respondent.

Mrs. Gulestan , (Appointed Advocate) for the Respondent No.2. __________ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 29 SEPTEMBER 2025 PC :

1.

This is an application for quashing of the proceedings pending before the J.M.F.C., Lashkar Court, Pune, vide R.C.C.No.1813 of 2024, arising out of the C.R.No.133 of 2024 registered at Lashkar police station, Pune, on 03.06.2024, under sections 354, 323, 504 and 509 of the I.P.C.

2.

The F.I.R. is lodged by the Respondent No.2 against the applicant who was her husband. The F.I.R. mentions that, both of them got married on 02.09.2021 with permission of their families. Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.10.01 12:04:05 +0530 VINOD BHASKAR GOKHALE

She started residing with the Applicant and his parents and sister. After initial few days, the Applicant started illtreating her. He started doubting her character. He used to beat her. The Respondent No.2 left home and started residing with her mother. The incident had taken place on 10.05.2024. She was having some snacks at a stall at Naaz Chowk Camp, Pune. At that time, the Applicant passed from that place. He was accompanied by his friend. The Applicant came near the informant and assaulted her. He also outraged her modesty. On these allegations the F.I.R. was lodged. The investigation was carried out and the charge-sheet was filed. The charge-sheet contains the statements of friends of the informant and the applicant. The informant's friend has given his statement in her favour and the applicant's friend has given her statement in his favour.

3.

Now the matter is settled between the parties. The parties have decided to obtain divorce by consent. Therefore, the Respondent No.2 has agreed to withdraw all the allegations against the Applicant. She has filed her Affidavit. She appeared through the video conferencing. She is identified by her learned

counsel. She reiterated the contents of the Affidavit and submitted before the Court that she has no objection for quashing of the proceedings.

4.

Considering this statement and in the interest of justice, no purpose would be served by continuing with the prosecution. Therefore, we are inclined to allow this application. 5.

Hence, the following order:

O R D E R

i) The proceedings pending before the J.M.F.C., Lashkar Court, Pune, vide R.C.C.No.1813 of 2024, arising out of the C.R.No.133 of 2024 registered at Lashkar police station, Pune, on 03.06.2024, under sections 354, 323, 504 and 509 of the I.P.C., are quashed and set aside. ii) The Application is disposed of.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.)