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2025 Supreme(Online)(Bom) 351683
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M. R. Ananth, CJ
Mohd. Razi Khan v. State of Maharashtra
Criminal Application No. 82 of 2024 | FIR No. 270 of 2024
For the Appellants/Petitioners: Mr. Mir Nagman Ali
Settlements between parties can lead to quashing of charges if there is no intention to pursue prosecution.
Headnote:The applicant sought quashing of a charge sheet filed under multiple sections of the IPC, asserting that the matter has been settled and the informant does not wish to proceed. The Court noted the informant's earlier statement indicating the case arose from misunderstanding. The application was allowed as further proceedings would be futile given the informant's unwillingness to support prosecution.
| Table of Content |
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| 1. settlement initiated by non-applicant leads to request for charge quashing. (Para 3 , 4 , 5 , 6) |
| 2. trial deemed futile as the informant wishes to forget past. (Para 8) |
| 3. application allowed and charges quashed per the informant's wishes. (Para 9 , 10) |
1. Heard.
2. RULE. Rule made returnable forthwith. Taken up for final disposal with the consent of learned counsel for the parties.
3. The applicant, in the present matter, has been charge - sheeted for the offences punishable under S.354A, S.354C, S.376, S.376(2)(n), S.506 and S.507 of the Indian Penal Code ("the IPC" for short). The charge - sheet in question, bearing No. 82 of 2024 dated 14.08.2024 was filed in First Information Report No. 270 of 2024 dated 19.06.2024 registered with police Station Dhantoli, Nagur city for the offences mentioned hereinabove.
4. By the present application, filed under S.482 of the Code of Criminal Procedure ("the CrPC", for short), the charge sheet is sought to be quashed and set aside on the ground that the matter has been settled and non - applicant No.2 does not want to proceed with the criminal complaint.
5. It is pointed out that this Court on 11.11.2024 recorded the fact of such settlement and also noted the personal appearance of non - applicant No.2 before this Court on the said date. This Court has also noted the statement made by the informant / non - applicant No.2 that out of misunderstanding she lodged the report.
6. It is further submitted that the informant wants to forget her past and therefore, she requested the applicant to do certain things which are mentioned in para 4 of the affidavit filed by the non - applicant No.2.
7. Mr. Mir Nagman Ali, learned counsel for the applicant, states that the applicant is present in the Court and as per the instructions given by him, he has agreed to cooperate the non - applicant No.2 as regards the things noted and expected to be followed by the applicant, in para No. 4 of her affidavit.
8. In the circumstances, as the non - applicant No.2 has settled the matter and does not want to proceed with it, with a view that she wants to forget the past and live a happy life hereinafter, we are of the considered view that even if a trial is permitted to conduct the whole exercise will be futile, as there is no chance that non - applicant No.2 would cooperate prosecution to establish the alleged offence. In the circumstances, we are of the opinion that the application needs to be allowed.
9. Accordingly, the criminal application is allowed.
10. The Charge - sheet No.82 of 2024 dated 14.08.2024 arising out of FIR No. 270 of 2024 for the offences punishable under S.354A, S.354C, S.376, S.376(2)(n), S.506 and S.507 of the Indian Penal Code registered at Police Station Dhantoli, Nagpur is hereby quashed and set aside.
Rule accordingly.
Pending applications, if any, also stand disposed of.
