Bombay High Court
Mohammad Asif S/O Mohammad Yakub And ... vs State Of Maharashtra on 17 June, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor
2025:BHC-NAG:5567-DB
935 apl 341-2025.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.341/2025
1. Mohammad Asif s/o Mohammad
Yakub, aged about 66 years,
Occupation - Agriculturist, R/o,
Khel-Krushnaji (Panchgavhan), Tq.
Telhara, Dist. Akola.
2. Mohammad Ahmad s/o Mohammad
Aarif, aged about 37 years, Occupation-
farmer, R/o Rail (Dharail) Tq Akot,
Dist Akola
3. Shaikh Shakil s/o Shaikh Babar, aged
about 37 years Occupation - Farmer,
R/o Khel-Krushnaji (Panchgavhan) Tq
Telhara, Dist Akola.
....APPLICANTS
....VERSUS....
1. State of Maharashtra, through P.S.O.,
Police Station Telhara, Tq Telhara Dist.
Akola.
2. Ku. Neha d/o Nitin Agrawal, Aged
about- 23 years, Occupation-
Education, R/o Khel-Krushnaji
(Panchgavhan), Tq Telhara, Dist Akola.
....NON-APPLICANTS
------------------------------------------------------------------------------------------
Shri Anzar Baig Mirza, Advocate for applicants
Ms Soniya Thakur, APP for non-applicant No.1/State
Ms Naina P. Dhoke, Advocate for non-applicant No.2
------------------------------------------------------------------------------------------
935 apl 341-2025.odt 2/4
CORAM : ANIL S. KILOR AND ABHAY J. MANTRI, JJ.
DATED: 17.06.2025
ORAL JUDGMENT (PER ANIL S. KILOR, J.)
. Heard.
2. Rule. The Rule is made returnable forthwith.
Heard finally by consent of learned Counsel for the
respective parties.
3. In the present matter, the prayer is made for
quashment of First Information Report No.135/2024
dated 02.06.2024 registered with Police Station Telhara,
District Akola for the offence punishable under Sections
341, 354, 354-D, 366, 506 read with Section 34 of the
Indian Penal Code.
4. The non-applicant No.2 is present in the Court.
She has been identified by her Counsel. Non-applicant
No.2 has filed affidavit today, which is taken on record,
stating that she is pursuing the master degree in faculty of
Commerce and she desires to move forward in life by
putting past events behind back. She does not wish to
suffer the agony of trial, which would reopen old wounds
and cause additional pain and sorrow. She looks forward
to a peaceful, happy and joyful life and to achieve this, she
does not want to prosecute the applicants.
5. Considering the affidavit and the statement
made in the affidavit and further desire of the non-
applicant No.2 not to prosecute the applicants, we are of
the opinion that even if, the trial is permitted to continue
or it is conducted, no fruitful purpose will be served and in
that event, whole exercise will be proved as futile. In that
view of the matter, in light of affidavit filed by non-
applicant No.2 and the desire she has expressed during
interaction with her not to prosecute the application, we
pass the following order:
(i) The application is allowed.
(ii) The First Information Report bearing Crime
No.135/2024 registered with Police Station Telhara,
District Akola, for the offence punishable under Sections
341, 354, 354-D, 366, 506 read with Section 34 of the
Indian Penal Code, and the Charge-sheet No.61/2024
dated 01.08.2024 filed under Section 363, 336, 366, 354,
354-D, 341, 504, 506 and 34 of the Indian Penal Code,
filed against the applicants before the learned Additional
Sessions Judge-2, Akot are hereby quashed and set aside.
6. Rule is made absolute in above terms
accordingly.
(ABHAY J. MANTRI, J.) (ANIL S. KILOR, J.)
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 18/06/2025 13:36:48
