Irfan Nasir Khan v. The State Of Maharashtra And ANR.

36-wp-3812.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3812 OF 2019 Irfan Nasir Khan ... Petitioner

Versus

The State of Maharashtra and anr.

... Respondents Adv. Anita Castellino i/by Sayed Zia for the petitioner. Dr. F.R. Shaikh, APP for the respondent State. CORAM : B.P. DHARMADHIKARI & NITIN R. BORKAR, JJ.

DATE :

JANUARY 16, 2020 P.C.:

FIR No. 283 of 2016 dated 19/10/2016 registered under sections 354(D), 504, 506, 507 IPC for the incident between 26/5/2016 to 14/10/2016 is sought to be quashed by the petitioner.

2.

Respondent no. 2 complainant has given no objection, She has tendered affidavit. The affidavit discloses that she has married. Orally she has informed that she is not interested in prosecuting the matter. Petitioner driver is present in court with his advocate. He gives an undertaking not to indulge again in such conduct.

3.

In view of the affidavit placed on record by respondent no. nilegaonkar 1/2

36-wp-3812.2019.odt 2 and the position emerging from her statement in support of FIR, we are inclined to intervene in the matter. We also find that nothing fruitful will come out of the prosecution. 4.

Accordingly we make the rule absolute in terms of prayer clause (a). Needless to mention that the consequential proceedings, if any, on the basis of said FIR and statement are also quashed and set aside.

(NITIN R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2