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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 857 OF 2017
1. Mohd. Hasin s/o Mohd. Amin Mithani,
aged about 33 years, Occupation
Private work.
2. Mohd. Amin s/o Abdul Sattar Mithani,
aged about 66 years, Occupation
Retired.
3. Mohd. Moshin s/o Mohd. Amin Mithani,
aged about 27 years, Occupation
Private work.
4. Banezir d/o Mohd. Amin Mithani,
aged about 28 years, Occupation
Household.
5. Jamila Khatun w/o Mohd. Amin Mithani,
aged about 55 years, Occupation
Household.
All R/o Taj Nagar, Teka, Nagpur, Tah.
and District Nagpur. ... APPLICANTS
VERSUS
1. The State of Maharashtra,
through Police Station Officer,
PS Pachpaoli, Nagpur, Tah and
District Nagpur.
2. Alfa Banu w/o Hasin Mithani,
aged about 30 years, Occupation
Household, r/o Sant Kawarram
Ward, Tirora, Tah. Tirora,
District Gondia. ... RESPONDENTS
....
Shri Muzammil Husain, Advocate for the applicants.
Smt. S.S. Jachak, Additional Public Prosecutor for respondent No.1.
Shri S.M. Induarkar, Advocate for respondent No.2.
....
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CORAM : R.K. DESHPANDE AND
M.G. GIRATKAR, JJ.
DATED : 08TH DECEMBER, 2017.
ORAL JUDGMENT : (Per R.K. Deshpande, J.) Admit. Heard finally by consent of the learned Counsel appearing on behalf of the respective parties.
2. The application seeks quashing of charge sheet and proceedings of Regular Criminal Case No. 3145 of 2012 (State .v. Mohd. Hasin Mithani and others) pending in the Court of 14th JMFC, Court No.5, Nagpur in the matter arising out of Crime No. 102/2012 under Section 498-A read with Section 34 of Indian Penal Code.
2. The parties are present before the Court. The respondent No.2 is the wife of applicant No.1 and both are living separately since 2012. The applicant No.1 is personally present before this Court and the respondent No.2 is also personally present before the Court. We have asked the respondent No.2 as to whether she wants to proceed with the trial. She said that the matter is settled and she is not interested in continuing with the prosecution.
3. In view of above, there would be no purpose in continuing the proceedings.
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4. In the result, the application is allowed and the proceedings are quashed and set aside in terms of prayer clause (i) of the application which is reproduced below.
"(i) to meet the ends of the justice and to prevent the applicants from abuse of process of law by quashing the Chargesheet and proceedings in Regular Criminal Case No. 3145/12 (State .v. Mohd. Hasin Mithani and others) pending before 14th Judicial Magistrate First Class, Court No.5 Nagpur, in matter arising out of Crime No. 102/2012, U/s. 498-A r/2 Sec. 34 of I.P.C."
JUDGE JUDGE
*rrg.
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