Muniza Kausar Farid Khan And Others v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4106 OF 2019 Muniza Kausar Farid Khan age 56 years, occ. Teacher r/o S.No. 419, Plot No. 11/12, Usmaniya Park, Shivajinagar Jalgaon, Tq. & Dist. Jalgaon Benazir Fatema Nadimuddin Sayyad age 24 years, occ. household & education r/o Flat No. 106, 1st Floor, B-wing, Global Hills, Kausa Mumbra Bholenath nagar, Near Bharat Gears Company Thane, Tq. & Dist. Thane.

Naushin Tabbsum Farid Khan age 23 years, occ. Household & education r/o S.No. 212, Ghar No. 781, Galli no. 3, Guruwar Ward Naya Azad Ngar, Malegaon Tq. Malegaon, Dist. Nashik 4.

Waqar Ali Ajmat Ali age 25 years, occ. Vehicle business r/o S.No. 212, Ghar No. 781, Galli no. 3, Guruwar Ward, Naya Azad Ngar, Malegaon Tq Malegaon, Dist. Nashik 5.

Shaikh Shaifq Shaikh Jabbar age 26 years, occ. Labour r/o Abbas Nagar, Galli No 9 Malgaon, Tq. Malegaon Dist. Nashik 6.

Haidarali Asifali Sayyad age 28 years, occ. Wood supplier r/o Abbas Nagar, Galli No. 9

- 2 - Malegaon, Tq. Malegaon Dist. Nashik Applicants

Versus

State of Maharashtra through Jalgaon city Police Station Offcer Jalgaon city police station Jalgaon, Dist. Jalgaon Awaej Khan Farid Khan age 25 years, occ. Education r/o S.No. 419, Plot No. 11/12 Usmaniya Park, Shivajinagar Jalgaon, Tq. & Dist. Jalgaon Respondents Mr. Shaikh Mazhar a. Jahagirdar, Advocate for applicants. Mr. B.V. Virdhe, APP for respondent No. 1.

Mr. S.D. Tawshikar, Advocate for respondent No.2. CORAM : T.V. Nalawade & M.G. Sewlikar, JJ.

DATE : 14th January, 2021.

ORAL JUDGMENT : ( Per T.V. Nalawade, J.) Rule. Rule made returnable forthwith.

By consent, heard both the sides for fnal disposal at admission stage.

This proceeding is fled for relief of quashing of C.R. No. I-

- 3 - 130/2019 registered with Jalgaon City Police Station, Jalgaon for offence punishable under sections 363, 324, 343, 504, 506 read with section 34 of the Indian Penal Code. Crime is registered on the basis of report given by respondent No. 2.

4.

This Court has carefully gone through the contents of the First Information Report. Affdavit of respondent No. 2 is fled in the matter and it was submitted by learned counsel for the applicants and informant that the parties are close relatives of each other and they have settled the dispute. This submission is mentioned in the affdavit of respondent No. 2 also. The informant has given no objection to grant the relief claimed. As informant himself was kidnapped and his age is 25 years, this Court holds that relief needs to be granted. Hence the following order :-

ORDER

Application is allowed.

Relief is granted in terms of prayer clause 'B'.

Rule made absolute in those terms.

( M. G. SEWLIKAR ) ( T.V. NALAWADE ) Judge Judge dyb