Imran Khan S/O. Chand Khan Pathan And Others v. The State Of Maharashtra And ANR

THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 1871 OF 2018 1.

Imran Khan S/o Chand Khan Pathan, Age: 25 Years, Occ: Business, R/o Umar Colony, Degloor Naka, Nanded, Tq. & Dist. Nanded.

2.

Amjad Khan S/o Chand Khan Pathan, Age: 37 Years, Occ: Business, R/o Umar Colony, Degloor Naka, Nanded, Tq. & Dist. Nanded.

3.

Safiyabegum W/o Chand Khan Pathan, Age: 55 Years, Occ: Household, R/o Umar Colony, Degloor Naka, Nanded, Tq. & Dist. Nanded.

4.

Anjum Parveen W/o Naim Chaudhari, Age: 35 Years, Occ: Household, R/o Dargah Road, Chota Roza, Pashapura, Gulbarga (Karnataka).

5.

Afreen Parveen Chandkhan Pathan, Age: 22 Years, Occ: Household, R/o Umar Colony, Degloor Naka, Nanded, Tq. & Dist. Nanded.

6.

Arjumand Khanam W/o Mohd. Naim, Age: 32 Years, Occ: Household, R/o Kila Road, Jama Masjeed, Itwara, Nanded, Tq. & Dist. Nanded.

... APPLICANTS V E R S U S 1.

The State of Maharashtra, Through Itwara Police Station, Nanded Dist: Nanded.

2.

Samreen Parveen Imram Khan Pathan, Age: 20 Years, Occ: Household, R/o Ward No.10, Near Shriram Talkies, Tadala Road, Mul, Tq. Mul, Dist. Chandrapur.

... RESPONDENTS ...

Mr. G. R. Syed, Advocate for Applicants.

Mrs. D. S. Jape, APP for Respondent No.1 / State. Mr. S. S. Pawar, Advocate for Respondent No.2. ...

CORAM :

T. V. NALAWADE & K. L. WADANE, JJ.

DATE :

18th July, 2018.

ORAL JUDGMENT: ( Per T. V. Nalawade, J. ) .

Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

Hearing was given to the learned APP also.

The proceeding is filed under Section 482 of the Code of Criminal Procedure for relief of quashing of FIR No.225 of 2017, registered with Itwara Police Station, Nanded, District Nanded, for the offences punishable under Section 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code and also for quashing of proceeding

bearing R.C.C. No.782 of 2017, pending in the Court of Judicial Magistrate First Class, Nanded.

During the arguments, the learned counsel for both the sides, side of the Accused and side of the first informant, produced on record joint compromise pursis, which is verified and there is affidavit of the first informant. The first informant is said to be present in the Court and she is identified by her counsel. She has given consent for granting relief. Considering the relationship between the parties and the nature of allegations, this Court holds that relief needs to be granted to the Applicants. In the result, the following order is passed:

O R D E R

I.

The application is allowed.

II.

Relief is granted in terms of prayer clause (B). III.

Rule is made absolute in those terms.

[ K. L. WADANE, J. ] [ T. V. NALAWADE, J. ] ndm