Abdul Rauf Jafarmia Kadri v. The State Of Maharashtra And ANR

SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 451 OF 2013 Abdul Rauf Jafarmia Kadri ....Applicant versus

1. State of Maharashtra

2. Ujwala Arun Vaidya ....Respondents Mr. P. R. Arjunwadkar along with Mr.Omkar Nagvekar, advocates for the applicant.

Mr. J. P. Yagnik, APP for the State.

Mrs. Ujwala Arun Vaidya, respondent No.2 in person. CORAM : RANJIT MORE & K. R. SHRIRAM, JJ.

DATED : 7th AUGUST, 2015.

P.C.:

Heard learned counsel for the applicant, learned APP for the State and respondent No.2 in person.

2.

The application is taken out invoking the provisions of Section 482 of the Code of Criminal Procedure, 1973 for quashing and settingaside the FIR bearing CR No.II 31/13 registered with Thane Nagar Police Station, at the instance of respondent No.2, for the offences punishable under Sections 506 and 509 of the Indian Penal Code, 1860. 3.

The applicant is District Government Pleader, Thane and respondent No.2, at the relevant time, was Police Inspector (AntiCorruption) working at Thane. Shubhada S Kadam 1/3

4.

The incident in question occurred on 1st March, 2013. Respondent No.2 alleged that while she was reporting in Special Court at Thane in her capacity as Police Inspector (Anti-Corruption), the applicant who was present in the Court, by obscene gesture rudely asked her to get out of witness box.

5.

We have heard learned counsel as well as applicant and respondent No.2 who are personally present before the Court. 6.

The applicant submits that he never intended to offend the feelings of respondent No.2-complainant and the entire incident is unfortunate. Respondent No.2 who is personally present submitted that after the incident in question, the applicant has given complaints to Director General (A.C.B.) and copies of the said complaint are forwarded to various authorities. The applicant makes a statement that he has no grievance against respondent No.2 and is withdrawing the allegations made in the said complaints within a period of one week from today. The statement is accepted.

7.

In the light of the above and in order to maintain cordial relationship, respondent No.2 stated that she has no objection if the proceedings of the subject FIR are quashed and set-aside. Shubhada S Kadam 2/3

8.

In the above circumstances and especially in view of law laid down by the Apex Court in the case of Narinder Singh and ors. versus State of Punjab and anr. 2014 AIR (SCW) 2065 , we find that no purpose would be served by continuing the proceedings of the subject FIR and the same are accordingly, quashed and set-aside. The criminal application is made absolute in terms of prayer clause (b) and is disposed of as such.

9.

The Registry is directed to forward a copy of this order to Director General(A.C.B) and Superintendent of Police (Anti-Corruption), Thane.

(K. R. SHRIRAM, J.) (RANJIT MORE, J.) Shubhada S Kadam 3/3