Abdulla Jawed Khan And ANR v. The State Of Maharashtra And ORS

Chitra Sonawane.

1 12-WP-3091-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3091 OF 2021 Abdulla Jawed Khan & Anr. ...

Petitioners.

Versus

The State of Maharashtra & Ors.... Respondents. ----- Mr MP Mishra for Petitioner in W.P. No.3091/2021. Ms Noorjahan A. Khan, for the Respondent in WP no.3151/2021 and Respondent No.3 in WP No.3091/2021.

Mr VB Konde Deshmukh, APP for the State.

PI Mrs. NN Gaikwad, Amboli Police Station is present in WP No.3091/2021.

PSI BV Gaonkar, Amboli Police station is present in WP no.3151/2021.

----- CORAM: NITIN W. SAMBRE & R. N. LADDHA, JJ.

DATE : 24 JANUARY 2023.

P.C. :- .

Present petition is by the accused persons seeking quashing of FIR in Crime No.285 of 2018 punishable u/s 354-A, 509, 323, 504, 506, 341, 34 of IPC r/w 8, 12 of POCSO Act.

Chitra Sonawane.

2 12-WP-3091-2021.doc 2.

Respondent No.3/Complainant is present in the Court and is duly identified by the Lawyer representing him. True copy of Aadhar Card, duly certified is taken on record. Complainant has filed an affidavit stating that he has lodged the complaint against the Petitioners due to misunderstanding and he being a natural guardian of the victim, extend consent for quashing of FIR. 3.

In response to the above, learned APP on instructions from the Sr. PI, informs that 'B Summary' is already submitted before the Sessions Court at Dindoshi on 21.10.2019, copy of which is tendered during the course of hearing, which is taken on record. 4.

In view of aforesaid development, this Court is of the view that no purpose will be served by making the petitioners to face the closure proceedings as Respondent No.3/Complainant has no objection in accepting 'B Summary'.

5.

In view of the consent by Respondent/Complainant for quashing of FIR, the petition stands allowed in terms of prayer clause (a).

6.

Aforesaid order shall take effect only after the Petitioners deposit costs of Rs.25,000/- with the 'Police Welfare Fund' within a period of two weeks from today.

[R. N. LADDHA, J.] [NITIN W. SAMBRE, J.]