Nikhil S/O Rajesh Shahare And ... vs State Of Maharashtra, Thr. Pso Ps ...
2021 Latest Caselaw 2055 Bom

 Judgment                                  1                                 apl140.21.odt




                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                            NAGPUR BENCH, NAGPUR.


                   CRIMINAL APPLICATION (APL) NO. 140 OF 2021



 1.     Nikhil S/o. Rajesh Shahare,
        Aged 26 years, Occu.: Private,
        R/o. Frezarpura, Amravati,
        Tah. and District : Amravati.

 2.     Deepali D/o. Kenuram Marai,
        Aged 27 years, Occ. Education,
        R/o. 36, Vrundavan Colony,
        Chakrapani Nagar, Nagpur.
                                                                   .... APPLICANTS.

                                    // VERSUS //


 State of Maharashtra, through
 Police Station Officer,
 Police Station, Frezarpura,
 Amravati, District : Amravati
                                                             .... NON-APPLICANTS.
  ___________________________________________________________________
 Shri T.U.Tathod, Advocate for Applicants.
 Shri T.A.Mirza, A.P.P. for Non-applicant/State.
 ___________________________________________________________________

                         CORAM : Z.A.HAQ AND AMIT B. BORKAR, JJ.

DATED : FEBRUARY 01, 2021.

ORAL JUDGMENT : (Per : Z.A.Haq, J.)

1. Heard.

2. RULE. Rule is made returnable forthwith.

Judgment 2 apl140.21.odt

3. Accused (applicant No.1) and informant-victim(applicant No.2)

have jointly filed application under Section 482 of the Code of Criminal

Procedure praying that First Information Report No.1087 of 2020 registered

with the Non-applicant-Police Station for the offences punishable under

Sections 376, 376(2)(n), 323 and 504 of the Indian Penal Code, be quashed.

According to the applicants, they were in relationship since 2017 and now

they got married on 18th January 2021. The applicant No.1/accused has filed

affidavit sworn on 21st January 2021 to the above effect and along with it

photocopy of the certificate issued by Chandrakala Vivah Mandal is placed on

record which supports the contention of the applicants. The Criminal

Application filed by the applicants under Section 482 of the Code of Criminal

Procedure is supported by affidavit of the applicant No.2-victim also. The

investigation in the matter is at preliminary stage and the charge-sheet is not

yet filed.

4. Considering the facts of the case, specially that the victim does

not want to prosecute the applicant No.1-accused, in our view, no fruitful

purpose would be served by keeping the criminal proceedings pending

against the applicant No.1.

5. Hence, the following order:

Judgment 3 apl140.21.odt

First Information Report bearing No.1087 of 2020, registered

with non-applicant-Police Station for the offences punishable under Sections

376, 376(2)(n), 323 and 504 of the Indian Penal Code is quashed.

Rule is made absolute accordingly.

                             (AMIT B. BORKAR, J)                      (Z.A.HAQ, J)


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