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Bombay High CourtAPPLN/6369/2015disposed off

Noor Salauddin Malik And ANR v. The State Of Maharashtra And ANR

2015-12-07Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav2 pages

crappln6369.15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6369 OF 2015 NOOR SALAUDDIN MALIK AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA & ANOTHER .....

Advocate for Applicants : Mr. Shaikh Mazhar A. Jahagirdar APP for Respondent/State : Miss R. P. Gaur Advocate for respondent No. 2 : Mr. V. Y. Patil .....

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

DATED : 7th DECEMBER, 2015 P.C. :- 1.

The present application is filed for quashing of the F.I.R. No. 265/2015 dated 22.09.2015 registered with Shrirampur Police Station, District Ahmednagar, for the offence punishable under Sections 354, 354-A(1)(B) of I.P.C. and under Section 10 of the Protection of Children from Sexual Offences Act, 2012. 2.

We have heard the learned counsel for applicants, learned APP and the learned counsel for respondent No. 2. 3.

Respondent No. 2 has filed affidavit in this Court stating that it was due to misunderstanding, the complaint was filed. Because of a petty quarrel between his son Arbaz and the applicant, in a hurry, the

crappln6369.15 -2report is lodged. The applicant and respondent No. 2 and his family are residing in the same vicinity and locality. Even to maintain cordial relations, the matter is settled between the parties. Respondent No. 2, so also, the girl, is present before the Court and they are identified by the advocate. Respondent No. 2 admits the contents of the affidavit.

4.

It appears that the applicants and respondent No. 2 are the residents of same locality and as stated by respondent No. 2, the complaint was filed in a haste and as per the information received by him from his son. There was only a petty quarrel between his son and the applicants.

5.

Considering the above, the F.I.R. bearing No. 265/2015 dated 22.09.2015, registered with Shrirampur Police Station, District Ahmednagar, for the offence punishable under Sections 354, 354A(1)(B) of I.P.C. and under Section 10 of the Protection of Children from Sexual Offences Act, 2012, is quashed and set aside. 6.

Criminal Application is accordingly disposed of. ( V. K. JADHAV, J.) ( S. V. GANGAPURWALA, J. ) vre/-