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THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 803 OF 2017
(1) Gulshan s/o Chandrashekhar Khobragade,
Aged about : 32 yrs, Occ : Autodriver,
R/o. Rambagh, Behind Milind Budha Vihar,
Near the house of Mr. Mama Sardar,
Nagpur, Tah & Dist : Nagpur.
(2) Sau. Swati Anil Gadling,
Aged about : 30 yrs, Occ : Housewife,
R/o : Rambagh, Behind Milind Budha Vihar,
Near Khobragade Kirana Shop,
Nagpur, Tah & Dist : Nagpur. ... Applicants
VERSUS
State of Maharashtra through
Police Station Officer, Imamwada,
Nagpur, Dist: Nagpur. ... Respondent
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Shri N. M. Kolhe, Advocate for the applicant no. 1
Shri M. L. Vairagade, Advocate for the applicant no. 2
Shri N. S. Rao, Additional Public Prosecutor for the respondent
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CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
DATE : 18/12/2017. Oral Judgment (Per : R. K. Deshpande, J.)
Rule. Heard finally with consent of the learned counsels appearing for the parties.
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2. This is a joint application filed by the complainant and accused person for quashing the criminal proceeding bearing Regular Criminal Case No. 1318/2017 arising out of F.I.R. No. 114/2015, pending before the 9th Joint Civil Judge Junior Division and Judicial Magistrate First Class, Nagpur for the offence punishable under Section 354 of the Indian Penal Code.
3. The parties have settled the matter and the applicant no. 2 Sau. Swati Gadling who is personally present before the Court and identified by her counsel makes a statement before the Court that she does not want to continue with the prosecution. In view of the decision of Honb'le Apex Court in the case of Narinder Singh and ors. Vs. State of Punjab and anr. reported in (2014) 6 SCC 466, no purpose will serve in continuing the matter.
4. In view of the above, the criminal application is allowed by quashing and setting aside the criminal proceedings in terms of prayer clause (a) which is reproduced below.
(a) allow the application and quash and set aside the criminal proceeding bearing Reg. Cri. Case No. 1318/2017, ::: Uploaded on - 19/12/2017 ::: Downloaded on - 20/12/2017 02:04:11 ::: 3 jg.apl.803.17.odt arising out of F.I.R. No. 114/15, pending before the 9 th Jt. C. J. Jr. Dn & Judicial Magistrate First Class at Nagpur, Dist: Nagpur for the offence punishable under Section 354 of I.P.C.
5. Rule is made absolute in aforesaid terms.
JUDGE JUDGE
wasnik
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