Viju S/O Daduram Jadhao And ... vs State Of Mah. Thr. Pso Yavatmal ...
2021 Latest Caselaw 2897 Bom

                                                  1                Cr.APL No.265.21J

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

                CRIMINAL APPLICATION (APL) NO.265 OF 2021

  1.     Viju S/o. Daduram Jadhao,
         Aged about : 30 Years,
         Occupation : Service.

  2.     Stuti W/o. Viju Jadhao @ Stuti
         D/o. Babanrao Patankar,
         Aged about : 34 Years,
         Occupation : Service.
         Applicant nos.1 and 2 both
         R/o. Aagpuri Marg, Chapdho Prakalp,
         Pandhri, Karegaon (Yevli)
         Yavatmal - 445001.                  ....APPLICANTS


                                   // VERSUS //


         State of Maharashtra,
         through Police Station Officer,
         Yavatmal City, Taluka and
         District : Yavatmal.                           .... NON-APPLICANT


  Shri Vivek Awchat, Advocate for the applicants.
  Ms. Mayuri Deshmukh, A.P.P. for the non-applicant.


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

                    DATE       :    12.02.2021.

 ORAL JUDGMENT : [PER: Z. A. HAQ, J.]

  1.                Heard.

2. Rule. Rule made returnable forthwith.

3. The accused (applicant No.1) and the Victim (applicant

No.2) have jointly filed this application under Section 482 of the

Code of Criminal Procedure praying that the First Information

Report registered against the applicant No.1(accused) at the behest

of the applicant No.2 (victim) vide Crime No.0623 for the offences

punishable under Sections 376(2)(n) and 417 of the Indian Penal

Code be quashed.

4. The applicant No.1 (accused) is aged about 30 years

and the applicant No.2 (victim) is aged about 34 years. The

criminal application is supported by the affidavit of the applicant

No.2 (victim).

5. According to the applicants, the matter is amicably

worked out and the applicant No.2 (victim) does not want to

prosecute the applicant No.1 (accused) for the crime alleged to have

been committed by him. The First Information Report is registered

on 12.12.2020. The investigation is at preliminary stage.

6. Considering the facts of the case, specially that the

applicant No.2 (victim) does not want to prosecute the applicant

No.1 (accused), in our view, keeping the criminal proceedings

pending against the applicant No.1 (accused) will not serve any

fruitful purpose and it may ultimately turn out to be an exercise

in futility. In our view, this is an appropriate case to exercise

jurisdiction under Section 482 of the Code of Criminal Procedure.

7. Hence, the following order :-

The First Information Report registered against the

applicant No.1(accused) with the non-applicant-Police Station vide

Crime No.0623/2020 for the offences punishable under Sections

376(2)(n) and 417 of the Indian Penal Code is quashed

Rule is made absolute accordingly.

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




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