Aman Firoj (Tanasha) Shaikh v. The State Of Maharashtra And ANR

spb/ 918apl856-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 856 OF 2016 Aman Firoj (Tanasha) Shaikh ... Applicant.

V/s.

The State of Maharashtra & Anr.

... Respondents.

--- Mr. S. D. Kavathekar i/by Pankaj Kavate, Advocate for the Applicant.

Mrs. S. V. Sonawane, APP for the State-Respondent. Ms. Nazime Malik, Advocate for the Respondent No.2. --- CORAM : V. M. KANADE AND Ms.NUTAN D.SARDESSAI,JJ.

DATE : 09th DECEMBER, 2016 P.C. :

Heard the learned counsel appearing on behalf of the Applicant and the learned counsel appearing on behalf of the Respondent No.2-Complainant.

This application is filed for quashing FIR which is registered at Mumbra Police Station, Dist. Thane for the offences punishable under sections 354, 504, 506 of the Borey 1/2

spb/ 918apl856-16.odt Indian Penal Code vide CR No. I-688 of 2013 dated 11.08.2013.

The complainant has given her no objection to withdraw the criminal complaint. We have interviewed her. She has stated that she has now married and residing with her husband. The matter is amicably settled between the parties and she does not wish to pursue the complaint and that she has no objection if the complaint is quashed.

Taking into consideration the peculiar facts of this case, we are of the view that since no objection is given by the Respondent No.2-complainant, in view of the ratio of the judgment of the Apex Court in the case of Gian Singh vs. State of Punjab & Anr., reported in (2012) 10 Supreme Court Cases 303, there is no impediment in quashing the criminal complaint.

The subject criminal complaint is, therefore, quashed. The Criminal Application is allowed in terms of prayer clause (b) and disposed of accordingly. (Ms.NUTAN D.SARDESSAI,J) (V.M.KANADE,J) .....

Borey 2/2