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Bombay High CourtAPPLN/4061/2015disposed off

Shaikh Ayaz S/O Shaikh Nihal And ORS v. The State Of Maharashtra And ANR

2015-12-15Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav2 pages

CRI APPLN NO.4061.2015.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4061 OF 2015 SHAIKH AYAZ S/O SHAIKH NIHAL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA & ANOTHER ...

Advocate for Applicants : Mr. Shaikh Mazhar A. Jahagirdar APP for Respondents: Mr. A S Shinde Mr. S.B.Chavan Advocate for Respondent No.2.

...

CORAM : S V GANGAPURWALA & V.K. JADHAV, JJ.

Dated: December 15, 2015 ...

PER COURT :- 1.

Present application is filed for quashing the First information Report bearing Crime No.153/2015 registered with Shirpur Police Station District Dhule for the offence punishable under sections 498(A), 323, 504, 506 read with section 34 of the Indian Penal Code.

2.

Mr. Jahagirdar, the learned counsel for the applicants submits that the complaint is filed by the respondent no.2 out of misunderstanding. Respondent no.2 is present in the Court. Affidavit is filed by the respondent No.2. Respondent no.2 is identified by a lawyer. She admits the contents of the affidavit. 3.

It is stated that said complaint is filed out of anger. The complainant is residing with her husband.

4.

Considering the above, we accept the request of the respondent no.2 to quash the complaint.

CRI APPLN NO.4061.2015.odt 5.

The First Information Report bearing Crime No.153/2015 registered with Shirpur District Dhule Police Station for the offences punishable under sections 498(A), 323, 504, 506 read with section 34 of the Indian Penal Code is quashed and set aside. 6.

Criminal Application accordingly disposed of. ( V.K. JADHAV, J. ) ( S V GANGAPURWALA, J. ) ...

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