Praful S/O Ramesh Halami And ... vs State Of Mah. Thr. Pso Police ...
2021 Latest Caselaw 1663 Bom

 Judgment                                  1                                 apl402.20.odt




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


                   CRIMINAL APPLICATION (APL) NO. 402 OF 2020



 1.     Praful S/o. Ramesh Halami,
        Age 32 years, Occupation : Service,

 2.     Mamta W/o. Praful Halami
        (Mamta D/o. Lalaji Tadam)
        Age 27 years, Occupation: Student,

        Both R/o. Yengalkheda, Tahsil :
        Kurkheda, District : Gadchiroli.

                                                                   .... APPLICANTS.

                                    // VERSUS //


 State of Maharashtra,
 Through Police Station Officer,
 Police Station, Gadchiroli
                                                              .... NON-APPLICANT.
  ___________________________________________________________________
 Shri R.R.Vyas, Advocate for Applicants.
 Shri N.S.Rao, A.P.P. for Non-applicant/State.
 ___________________________________________________________________

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

DATED : JANUARY 25, 2021.

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

1. Heard.

2. RULE. Rule is made returnable forthwith.

Judgment 2 apl402.20.odt

3. Applicant No.1-Accused and Applicant No.2-Informant-Victim

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

Procedure praying that the First Information Report bearing No. 73 of 2020,

registered against the applicant No.1 at the behest of the applicant No.2 for

the offences punishable under Sections 376(2)(n), 323 and 504 of the Indian

Penal Code be quashed. It is further prayed that the consequential charge-

sheet and Sessions Case No.37 of 2020, registered against Applicant No.1,

may also be quashed.

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

and they have entered into marital tie on 8 th July 2020. It is further

submitted that out of their relationship a male child is born and now all of

them are residing together happily.

5. Considering the facts of the case and as we find that the

prosecution of the applicant No.1 would not serve any purpose and would be

an exercise in futility, we deem it fit to exercise extraordinary jurisdiction

under Section 482 of the Code of Criminal Procedure to grant prayer as

made in the application.

Judgment 3 apl402.20.odt

6. Hence, the following order:

First Information Report No.73 of 2020, registered with non-

applicant No.1-Police Station for the offences punishable under Sections

376(2)(n), 323, 504 of the Indian Penal Code and Sessions Case No.37 of

2020, pending before the Sessions Court, are quashed.

Rule is made absolute accordingly.

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


RRaut..