Allowed

Mohammad Majid Saghir v. Aasiya Shaikh and Anr.

Bombay HC24 Apr 2018WP/1324/2018

Case brief

AI extract

What is this about?

This writ petition sought the quashing of an FIR alleging offences under the IPC and IT Act. The court observed an affidavit and court statements confirming an amicable settlement by the parties, holding that no useful purpose would be served by continuing the proceedings. The petition was allowed and the parties were directed to deposit costs.

What did the court decide?

FIR No.55 of 2018 quashed, Criminal Writ Petition allowed and disposed of; Petitioner directed to deposit Rs.10,000 with State Legal Aid Fund.

Mohammad Majid Saghir Vs Aasiya Shaikh and Anr. — Quashing and FIR | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1324 OF 2018

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Mohammad Majid Saghir Vs.

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Aasiya Shaikh & Anr

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..Petitioner

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..Respondents

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Mr. S. A. Shora for the Petitioner Ms Mirsaad Fakib for the Respondent No.1 Mr. F. R. Shaikh Addl PP for the Respondent State

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CORAM :R. M. SAVANT, & SARANG V KOTWAL,JJ DATE : 24^th APRIL, 2018

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P.C.

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1 The above Petition has been filed for quashing and setting aside of the FIR No.55 of 2018 dated 30-1-2018 registered with the Andheri Police Station for the offences punishable under Sections 354, 354A, 504, 506, 509 of the Indian Penal Code, 1860 r/w Section 67A of the Information Technology Act, 2000. The cause for filing the FIR has been mentioned therein. It is not necessary to dilate further on facts as the Respondent No.1 i.e. the first informant has filed an affidavit in the above Petition which is dated 13-3-2018 original copy of which is tendered across the bar by the Learned Counsel appearing for the Respondent No.1. The said affidavit is affirmed before the notary Shaila V. Pathak, Notary Government of India having her office at 8/9 Gundecha Chambers, N. M. Road, Fort Mumbai 400 023. The said affidavit

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bears the notarial register No.50, Vol No.24, Page No.104. In the context of the relief sought in the above Petition paragraphs 5 and 7 of the said Affidavit are material and is reproduced hereinunder:

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I say and submit that through common acquaintances, I and Mr. Majid Mohammad Saghir have peacefully and amicably settled the dispute and misunderstandings which lead to the registration of C. R. No.55/2018 dated 30-1-2018 registered at the Andheri Police Station, and that I have no further grievances and or complaints of any nature whatsoever regarding the incident of molestation or any and all offences as alleged by myself in the aforementioned FIR or otherwise against Mr. Majid Mohammad Saghir.

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I am making this present affidavit to confirm the above facts to be submitted to the Hon'ble Bombay High Court and/or any other Court of Law and/or the Andheri Police Station, in respect of an amicable settlement through common acquaintances, myself and Mr. Majid Mohammad Saghir in the C. R. No.55/2018 dated 30-1-2018 registered at the Andheri Police Station, accusing/alleging Mr. Majid Mohammad Saghit for the commission of offences punishable under Sections 354, 354A, 504, 506, 509 of the Indian Penal Code, 1860 r/w Section 67A of the Information Technology Act, 2000.

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2 The Respondent No.1 in paragraph 8 of the Affidavit has stated that she has understood the contents of the Affidavit as she is educated. The Respondent No.1 Asiya Salim Shaikh is personally present in Court. She is identified by the Learned Counsel Ms Fakib. She is identified by her Adhar

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Card bearing No. 805214695485. When put in the box and queried, she has reiterated what has been stated in her affidavit dated 13-3-2018.

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3 The Petitioner Mohammad Majid Saghit is personally present in Court. He is identified by the Learned Counsel Mr. Shora. He is also identified by his Adhar Card bearing No. 662663534370. When put in the box and queried he accepts the factum of settlement between him and the Respondent No.1 as a result of which the Respondent No.1 does not desire to proceed with the FIR in question.

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4 Having regard to the affidavit filed by the Respondent No.1, the statements made by the Respondent No.1 and the Petitioner when put in the box and queried, the same indicate that the parties have settled their dispute as a result of which the Respondent No.1 does not desire to proceed with the FIR in question. Having regard to the judgments of the Apex Court in the matter of Gian Singh V/s State of Punjab & Anr¹ and Narinder Singh & ors v/s. State of Punjab & Anr² , no useful purpose would be served in keeping the proceedings in question pending. The above Criminal Writ Petition is required to be allowed and is accordingly allowed and made absolute in terms of prayer clause (C). The above Criminal Writ Petition is accordingly disposed of.

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