Aman Mohammed Anwar Khan And ANR v. The Sr. Police Inspector And ANR

Chitra Sonawane 10-apl-929-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.929 OF 2022 Aman Mohammed Anwar Khan & Ors. .... Applicants. Vs.

Sr.Police Inspector VB Nagar police station & Ors.

... Respondents.

.......

Mr Mateen Shaikh @ Muskan Shaikh, for the applicants. Mrs S.D. Shinde,APP for Respondent-State.

Mr. Mohd. Arshad Shaikh for Respondent No.2.

....

CORAM: Nitin W. Sambre & R.N.Laddha, JJ.

DATE : 22 June, 2023.

....

P.C.:

1.

The applicants were chargesheeted in Crime No.628 of 2022 registered on 24-7-2022, for offence punishable u/ss 323, 324, 504, 506 and 34 of IPC. The case of the prosecution is based on event of scuffle between the Page No. 1 of 3

Chitra Sonawane 10-apl-929-2022.doc applicants and son of the complainant over trivial issue of small accident.

2.

Petitioner no.1 is a student.

3.

Though the petitioners are chargesheeted, learned Counsel for respondent no.3 submits that in the interest of having cordial relations with the petitioner, he has consented for quashing of the FIR, looking to the future of the petitioner.

4.

Consent affidavit tendered by the complainant is taken on record.

5.

The victim and the complainant, both are identified by their Lawyer, so also the Investigating Officer. They have admitted to the contents of the said affidavit. 6.

As such, no purpose will be served by keeping the FIR lodged against the applicants pending.

7.

Hence, prayer for quashing of FIR No.628/2022 registered with Kurla Police Station, under Sections 323, 324, Page No. 2 of 3

Chitra Sonawane 10-apl-929-2022.doc 504, 506 and 34 of IPC, stands allowed, subject to payment of cost of Rs.5,000/- by each of the applicant, to the 'Police Welfare Fund' within three weeks from today and shall produce copy of such receipt in the Registry so as to report compliance.

8.

In case, if the petitioners fails to pay cost or production of receipt as directed, the order quashing the criminal proceedings against the petitioners shall stand recalled and the matter be placed before this Court for passing appropriate orders against the petitioners.

9.

In case, if the compliance is reported, no orders will be warranted in the matter.

[ R.N.Laddha, J. ] [ Nitin W. Sambre, J. ] Page No. 3 of 3