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Bombay High CourtAPPLN/3521/2016application allowed

Azhar Manzoor Shaikh v. The State Of Maharashtra And ANR

2016-07-18Hon'Ble Shri Justice A.V. Nirgude,Hon'Ble Shri Justice V.L. Achliya2 pages

( 1 ) cria3521.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3521 OF 2016 Azhar Manzoor Shaikh ..

Applicant

Versus

The State of Maharashtra & Anr.

..

Respondents Mr. P.B. Pawar, Advocate for the applicant.

Mr. D.R. Kale, A.P.P. for respondent/State.

Mr. G.R. Syed, Advocate for R-2.

WITH CRIMINAL APPLICATION NO. 3522 OF 2016 Sabir Ali Mansoorali Sayyad & Ors.

..

Applicants

Versus

The State of Maharashtra & Anr.

..

Respondents Mr. G.R. Syed, Advocate for the applicants.

Mr. D.R. Kale, A.P.P. for respondent/State.

Mr. P.B. Pawar, Advocate for respondent No.2. CORAM : A.V.NIRGUDE & V.L.ACHLIYA,JJ.

DATED :

18.07.2016 P.C. :- 1.

Both these applications seek quashing of Crime No.I-394 of 2015 and Crime No. I-392 of 2015 registered with Topkhana Police Station, Ahmednagar. Both the alleged incident took place on 26th December, 2015. The

( 2 ) cria3521.16 first incident took place at 2.30 p.m. in which it was alleged that complainant Shabir Ali was threatened with death by accused Azhar. In another complaint, at about 7.15 p.m. complainant Shabana alleged that accused Shabir Ali and other stopped her on public road and assaulted her etc. Both the complainants Shabir Ali on one side and Shabana on the other are present before us. They have filed affidavit stating that they have settled the dispute and do not want to continue with the complaints. The Investigating Officer submitted a report in which it is stated that settlement has taken place etc. In view of these developments, we are inclined to allow the application on payment of costs.

2.

Both the Criminal Applications are allowed in terms of prayer clause (B) of the applications. The applicants in each criminal application shall deposit Rs.25,000/- (i.e.Rs.25,000/- + Rs.25,000/- = Rs.50,000/-) with Legal Aid Committee, High Court, Aurangabad, within two weeks from today.

3.

If the aforesaid amount is not deposited within the stipulated time, this order shall stand vacated. [V.L.ACHLIYA,J.] [A.V.NIRGUDE,J.] /2016/ 16/ snk JUL cria3521.16