Parvej Alam Rahisahmed Siddique ... vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 2325 Bom

                                                 1                               52-apl-85-21j.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                CRIMINAL APPLICATION (APL) NO. 85 OF 2021


  1. Parvej Alam Rahisahmed Siddique,
     Age 32 years, Occ. Service,
     R/o. Kapil Chauk, Mahakali Colliery,
     Babupeth, Chandrapur.

  2. Sangita Tapan Sarkar,
     Aged about 27 years, Occ. Private,
     R/o. Bapat Nagar, Wadgaon,
     Chandrapur.                                                          . . . APPLICANTS

                         ...V E R S U S..

  State of Maharashtra through
  PSO, PS Ramnagar, Dist. Chandrpur.                                 . . NON-APPLICANT

 ------------------------------------------------------------------------------------------------
 Shri Mir Nagman Ali, Advocate for applicants.
 Shri T. A. Mirza, A.P. P. for non-applicant/State.
 -----------------------------------------------------------------------------------------------
                               CORAM :- Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATED :- 04.02.2021

ORAL JUDGMENT (PER : Z. A. HAQ, J.) :-

1. Heard.

2. Rule. Rule made returnable forthwith.

3. The First Information Report is registered with the non-

applicant- Police Station vide Crime No. 805/2020 against the

2 52-apl-85-21j.odt

applicant no. 1 for the offences punishable under Sections 376(2)(n),

417 and 506 of the Indian Penal Code. The First Information Report

came to be registered against the applicant no. 1 pursuant to the

report lodged by the applicant no. 2. Now, this application is jointly

filed by the applicant no. 1-accused and the applicant no. 2-Informant

praying that the First Information Report registered against the

applicant no. 1 be quashed as the matter is amicably worked out by

the parties. The applicant no. 1-accused is aged about 32 years and the

applicant no. 2- Informant/Victim is aged about 27 years. According to

the applicant no. 2-Informant, she is not interested in prosecuting the

applicant no. 1. The Criminal Application is signed by both the

applicants and supported by the affidavit of the applicant no. 2-

Informant. The investigation is at preliminary stage and charge-sheet

is not yet filed.

4. Considering the nature of the accusations against the

applicant no. 1-accused, which are of personal nature and the fact that

the applicant no. 2-Informant is not interested in prosecution of the

applicant no. 1-accused, and any other impediment is not pointed out,

which refrains us from exercising the jurisdiction under Section 482 of

the Code of Criminal Procedure.

3 52-apl-85-21j.odt

5. Hence, the following order is passed :-

First Information Report registered with the non-applicant-

Police Station vide Crime No. 805/2020 against the applicant no. 1-

accused is quashed.

Rule is made absolute accordingly.

                JUDGE                                           JUDGE

 RR Jaiswal