Kirti D/O Sundar Neware And ... vs State Of Maharashtra, Thr. Pso Ps ...
2021 Latest Caselaw 2976 Bom

 Judgment                                     1                                  apl252.21.odt




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


                     CRIMINAL APPLICATION (APL) NO. 252/2021


 1]       Kirti D/o Sundar Neware,
          Aged about 21 years, Occ. Nurse,
          R/o. Ward No. 2, Near Lahari Asharam,
          Kamtha, Gondia, Maharashtra 441601

 2]       Kaustub S/o Naren Sarkar,
          Aged about 31 years, Occ. Doctor,
          R/o. Ward No. 4, Patansavangi, Dist. Nagpur,
          Maharashtra-441113
                                                                      .... APPLICANT(S)

                                        // VERSUS //

          State of Maharashtra,
          Through PSO, Wadi Police Station,
          Wadi, Dist. Nagpur-440 023
                                                        .... NON-APPLICANT
  ___________________________________________________________________
             Shri D.M. Khandait, Advocate for the applicant(s)
                Ms. M. Deshmukh, APP for the non-applicant
  ___________________________________________________________________


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

FEBRUARY 15, 2021

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

1] Heard.

2] RULE. Rule made returnable forthwith.

 ANSARI




  Judgment                                   2                                apl252.21.odt




 3]               The accused (applicant no. 2) and informant (applicant no. 1)

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

Procedure praying that the F.I.R. bearing No. 0434/2019 registered against

the applicant no. 2 - accused with the non-applicant - Police Station for the

offences punishable under Sections 354-A and 354-D of the Indian Penal

Code and Sections 67 and 67-A of the Information Technology Act be

quashed.

4] According to the applicants, the matter is amicably worked out.

The criminal application is supported by affidavit of the applicant no. 1 -

Informant. The applicant no. 1 - Informant has stated that she is not

interested in the prosecution of the applicant no. 2 - accused, as the matter is

settled by her with the applicant no. 2 without any force or pressure. The

investigation is at the preliminary stage and charge-sheet is not yet filed.

5] In view of the above, we find that this is a fit case to exercise

the jurisdiction under Section 482 of the Code of Criminal Procedure as the

pendency of the criminal proceedings against the applicant no. 2 would not

serve any fruitful purpose.

 ANSARI




  Judgment                                   3                                 apl252.21.odt




 6]               Hence, the following order is passed :-

F.I.R. No. 0434/2019 registered against the applicant no. 2 with

the non-applicant - Police Station is quashed.

Rule is made absolute in the above terms.

                   JUDGE                                     JUDGE




 ANSARI