Bombay High Court
Maqbool Azam Khan @ Akhil Maqbool ... vs Razia Aamir Shaikh And Ors on 16 August, 2017
Bench: R.M. Savant
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Wednesday, 16.8.2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 532 OF 2017
Maqbool Azam Khan @ Akhil ....Applicant
V/s.
1. Miss. Razia Aamir Shaikh and Ors. ....Respondents
*****
Mr. R.S. Singh, Advocate for the applicant.
Mr. Shivjeet S. Singh, Advocate for respondents no.1 and
2.
Mr. K.V. Saste, Additional Public Prosecutor for the State.
CORAM :- R.M. SAVANT &
SANDEEP K. SHINDE, JJ.
DATE :- 16TH AUGUST, 2017.
P.C. :-
1. The above application has been filed for
quashing of the FIR No. 13 of 2017 lodged with Oshiwara
Police Station for the offences punishable under Sections
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Wednesday, 16.8.2017
354, 354(b) and 509 of Indian Penal Code. The First
Informant is the respondent no.1 and the respondent no.2
herein is her elder sister. The offence alleged are both
qua, respondents no.1 and 2. Respondent no.1 has filed
her Affidavit dated 16th August, 2017 so has the
respondent no.2 filed her Affidavit. The said Affidavits
are identical in nature. Hence, the Affidavit of respondent
no.1, Razia Aamir Shaikh would be referred to for the
sake of convenience. In the said Affidavit, in para-5 it has
been stated that, the accused, Maqbool Azam Khan @
Akhil is their family friend and that she and respondent
no.2 know the accused as a person. It is further stated in
para-7 that, she gives her consent to quash the case
against the accused. It is further stated that the said
consent has been given by her of her own free will, wish
and desire and no threat, coercion or fraud is played upon
her. As indicated above, the Affidavit of the respondent
no.2 is identical. Respondent no.2 has stated likewise in
para-14 of her Affidavit. The Respondent no.1 i.e. the
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Wednesday, 16.8.2017
First Informant is present in Court. She is identified by
her Learned Counsel, Shivjit Singh. She is also identified
on the basis of pancard bearing No. GJZPS5467M. She
states that, she is educated upto 12 th standard and is
presently 31 years of age. When put in the box, she
further states that the Affidavit dated 16 th August, 2017
is hers and that the signature appearing on the said
Affidavit is also hers and the contents of the Affidavit are
acceptable to her.
2. The Respondent no.2, Shaheen Siddiqui is also
personally present in the Court. She is identified by the
Learned Counsel, Mr. Shivjeet Singh. She is also
identified by the accused who is also personally present in
the Court.
3. The applicant i.e. the accused is also personally
present in the Court. He is identified by his Aadhar Card
bearing No. 3655 9710 7170. He is also identified by the
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Wednesday, 16.8.2017
Learned Counsel appearing for him, Mr. Ranjit Singh. The
applicant states that, he identifies both the respondents
no.1 and 2 and is also aware of the contents of the
Affidavit filed by respondents no.1 and 2.
4. In view of the aforesaid and in the light of the
judgments of the Apex Court in the case of Gian Singh
V/s. State of Punjab, reported in (2012) 10 SCC
303 and Narinder Singh V/s. State of Punjab,
reported in (2014) 6 SCC 466. No useful purpose
would be served by keeping the proceedings pending.
There is no impediment in quashing the proceedings.
Hence, the above Criminal Application is allowed and
made absolute in terms of prayer clause (b).
5. Since the machinery of this Court is used for
settling the dispute, the applicant to pay costs quantified
at Rs.10,000/- (Rs. Ten Thousand only) to the National
Association of Blind, Worli within four weeks from date. If
the costs are not paid and evidence of the same not filed in
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Wednesday, 16.8.2017
this Court, then this Court would be constrained to adopt
steps for recovery of costs, including by way of arrears of
land revenue.
6. The Learned Counsel Mr. Shivjeet Singh
undertakes to file his Affidavit within one week from
today. Undertaking is accepted.
7. The Photocopy of the Pan Card of respondent
no.1 and Aadhar Card of the accused is taken on record
and marked 'X' for identification collectively.
(SANDEEP K. SHINDE, J) (R.M. SAVANT, J)
