Mohd. Hasin S/O. Mohd. Amin ... vs The State Of Maharashtra Thr. ...
2017 Latest Caselaw 9459 Bom

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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.