Sajid Ahmed Zahid Siddiqui v. State Of Maharashtra And ANR

4-APL-491-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 491 OF 2022 Sajid Ahmed Zahid Siddiqui ... Applicant

Versus

State of Maharashtra & Another

...Respondents

....

Ms. Akshata Borade a/w Sugandh Zende i/by Mr. Arjun S. Kode, Advocate for the Applicant.

Mr. P.R. Sonawane i/by Mr. Sameer Parkar for Complainant/ Respondent No.2.

Mrs. M.H. Mhatre, APP for the Respondent No.1 - State. ....

CORAM

:

PRAKASH D. NAIK, & N. R. BORKAR, JJ.

DATE :

13th DECEMBER, 2023.

P.C.

:

1.

Leave granted to amend prayer clause. Amendment may be carried out forthwith.

2.

The applicant is charge-sheeted for offences under Sections 376, 420, 313, 354(c) & 506 of Indian Penal Code (for short "IPC"). The First Information Report (for short 'FIR') was registered by Respondent No.2 on 10.11.2018.

3.

We have perused the FIR dated 10.11.2018 and the chargesheet. The contents of the FIR indicate that the applicant and the Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2023.12.15 12:48:05 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

4-APL-491-2022.doc complainant were acquainted with each other from 1997 to 2002. There was physical relationship between them on several occasions. The relationship appears to be consensual.

4.

The complainant/respondent No.2 is present in the Court. Parties have arrived at amicable settlement. Respondent No.2 has no objection for quashing the charge-sheet. She has filed Affidavit dated 18th April 2022 giving consent for quashing the charge-sheet. 5.

Considering the nature of relationship between the parties and since there is settlement and complainant has no objection for quashing the proceedings, the relief sought in this application can be granted.

ORDER

i.

Criminal Application No.491 of 2022 is allowed. ii.

The proceedings in S.C. No.229 of 2019 pending before the Sessions Court at Mumbai are quashed and set aside.

iii.

The Applicant shall pay cost of Rs.25,000/- to the Central Police Welfare Fund. The said cost be paid within a period of two weeks from today.

iv.

Application stands disposed of accordingly.

(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.) Sajakali Jamadar