Bombay High Court
Junaid S/O Ibrahim Khan And 4 Others vs State Of Mah. Thr. Pso(City) Chandrapur ... on 26 August, 2025
Author: Anil L. Pansare
Bench: Anil L. Pansare
2025:BHC-NAG:8327-DB
903 apl 374.21.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 374/2021
1. Junaid s/o. Ibrahim Khan,
aged 35 yrs., Occ. Presently Nil,
2. Ibrahim Khan s/o Sher Khan,
aged 65 yrs., Occ. Nil,
3. Shamim w/o. Ibrahim Khan,
aged 60 yrs., Occ. House wife,
4. Sabdar Khan s/o Sher Khan,
aged 70 yrs., Occ. Nil,
Nos. 1 to 4 are R/o. Chota Bazar
Chowk, Chandrapur, Tah. & Dist.
Chandrapur.
...APPLICANTS
VERSUS
1. State of Maharashtra,
through the Police Station Officer,
(City), Chandrapur, Tah. & dist.Chandrapur.
2. Shirin Khan w/o. Junaid Khan,
aged 28 yrs., Occ. Fashio Designer,
R/o. Gitanjali Chowk, near Khan
Masjid, Hansapuri Ward, Nagpur.
NON-APPLICANTS
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Mr. J.D. Doye, Advocate for the applicants.
Ms. Ritu Sharma, APP for non-applicant No.1/State.
Ms. A.I. Khan, Advocate for non-applicant No.2.
-------------------------------------------------------------------------------------
903 apl 374.21.odt
2
CORAM : ANIL L. PANSARE AND
M. M. NERLIKAR, JJ.
DATE : 26.08.2025
Heard.
2. The learned counsel for applicants submits that
applicant No.4 expired on 30.10.2022 and death certificate to
that effect is placed on record. He seeks leave to delete the
name of applicant No.4.
3. Leave granted.
4. Name of applicant No.4 be deleted. Amendment be
carried out forthwith.
ORAL JUDGMENT : (PER: ANIL L. PANSARE , J.)
1. Heard.
2. On 20.08.2025, the following order was passed:-
"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
903 apl 374.21.odt
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.
903 apl 374.21.odt
9. The Advocate shall identify the signatures of the
other applicants and place the same before the Court for
further consideration."
3. In compliance of aforesaid order, the parties have filed
joint pursis dated 25.08.2025 mentioning therein that they
have amicably settled the dispute between them and they have
decided to put to rest all issues and to lead a peaceful life.
4. In the circumstances, continuation of proceedings will
yield no useful result rather will amount to abuse of the process
of law. This is thus a fit case, wherein the jurisdiction under
Section 482 of the Code of Criminal Procedure can be invoked.
Accordingly, we allow the application in terms of prayer clause
(i) which reads as under:-
"(i) quash the Final Report No.247 of 20 and charge sheet
in Regular Criminal Case No. 2142/2020 at Annexure 9
pending before the Chief Judicial Magistrate, Chandrapur
for the offence under Section 498A, 506 of the Indian
Penal Code read with Section 34 be quashed."
5. Application stands disposed of in above terms.
903 apl 374.21.odt
( M. M. NERLIKAR , J.) (ANIL L. PANSARE, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PS To Honourable Judge
Date: 26/08/2025 21:25:08
