Zafar Khan Sultan Khan v. The State Of Maharashtra And Others

922-aba-128-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.128 OF 2022 WITH APPLN/2431/2022 IN ABA/128/2022 1.

Amjad Khan Habib Khan 2.

Shoeb Khan Shabbir Khan 3.

Sohail Khan Shabbir Khan ...Applicants

Versus

The State of Maharashtra

...Respondent

...

Advocate for Applicants : Mr. Bhosle Abhaysinh K. APP for Respondent/State : Mr. S.B. Narwade Advocate for the Complainant : Mr. Shardul G. Shinde ...

CORAM : S.G. MEHARE, J.

DATED : 04th AUGUST, 2022 PER COURT:- 1.

Heard learned counsel for the applicants, learned APP for the State and learned counsel for the complainant. 2.

Learned counsel for the applicants and the learned counsel for the complainant would submit that the parties have settled the dispute amicably out of the Court. The proceedings for quashing the FIR is also pending. There was misunderstanding hence, the report was lodged. Now the complainant has no grievance against the applicants.

3.

Learned APP has pointed out that the complainant is unstable. Some time he says that he has settled the dispute and some

922-aba-128-2022.odt (2) time says that he has been pressurized. Therefore, this is an abuse of process of law.

4.

Criminal Application No.2431 of 2022 has been filed by the complainant under the signature of Advocate Shri Shardul G. Shinde contending that he has already filed an affidavit before the Hon'ble High Court in Criminal Application No.556 of 2021 for quashing the application in favour of the accused persons. He has no grievance against the applicants in respect of the grievous assault. 5.

Learned counsel appearing for the complainant states that the complainant and the accused want to bury the dispute and want to live a peaceful life.

6.

Considering the statements made by the learned counsel appearing for the complainant and the accused, the application deserves to be allowed. Hence, the following order :

ORDER

(A) The application is allowed.

(B) Interim protection granted to the applicants by order dated 27.07.2022 is confirmed on the same terms and conditions of bail bonds.

(C) Criminal Application No.2431 of 2022 is allowed and disposed of.

(S.G. MEHARE, J.) Mujaheed//