(1) Criapln4222-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4222 OF 2009 1. Ashapaq Sayed Abdul Raheman, R/o Wahegaon Bazar, Tq. Badnapur, Dist. Aurangabad 2. Shabbir Shah Lal Shah, R/o Pishor, Tq. Kannad, District Aurangabad APPLICANTS VERSUS 1. The State of Maharashtra, through Investigation Officer, Waluj Police Station, Tq. Gangapur, Dist. Aurangabad. 2. Shaikh Mahemood Shaikh Ameer, R/o Turkabad, Tq. Gangapur, District Aurangabad RESPONDENTS ..... Mr. R.V. Gore, advocate for the applicants. Mr. K.G. Patil, A.P.P. for the Respondent-State. ..... CORAM : M.T. JOSHI, J. DATED : 17th JUNE, 2011 ORAL ORDER: 1. Heard learned counsel for the applicants/ accused and the learned A.P.P. 2. The present applicants alongwith one Saiyed Najer s/o Saiyed Sandhu were alleged to have (2) Criapln4222-09 committed the offence punishable under section 363 and 366-B read with section 34 of the I.P. Code. On the basis of the FIR, Crime No. 40/2009 was registered with Waluj Police Station against the present applicants and said Saiyed Najer. 3. The learned counsel for the applicants placed before this Court a copy of the order dated 24th November, 2009, passed by this Court in Criminal Application No. 3030/2009 (marked "X"). It was filed by Saiyed Najer for quashing the FIR as against him. The same was allowed. Para-8 of the said order reads as follows : "All these facts clearly indicate that at the time of alleged incident Rizwana, daughter of the complainant, was major and she left the house of her parents at her own, by calling the applicant and then accompanied him and thereafter got married with the applicant. If this is so, then the act of the applicant, as alleged in the complaint, cannot be termed as abduction of Rizwana under the pretext to marry her. In the premise, no offence is made out." (3) Criapln4222-09 4. It is thus clear that the main accused, namely, Saiyed Najer s/o Saiyed Sandhu has been absolved for the reasons that the prosecutrix in the case was a major at the relevant time and she on her own had gone with the main accused Saiyed Najer and had married with him. In view of these circumstances, the present application also needs to be allowed. Therefore, the Regular Criminal Case No. 235 of 2009 pending before the learned Judicial Magistrate (First Class), Gangapur in connection with the Crime No. I-40/2009 is hereby quashed and set aside. The present Criminal Application is allowed accordingly. [M.T. JOSHI, J.] NPJ/criapln4222-09