Pavan S/O Jagdeo Survade And ... vs State Of Mah. Thr. Pso Ps ...
2023 Latest Caselaw 1450 Bom

                                               1/2                          42.apl137.2023

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR
               CRIMINAL APPLICATION (APL) NO. 137 OF 2023
                         Pavan s/o Jagdeo Survade and anr.
                                        Vs.
 State of Maharashtra, Thru. PSO, PS Dhamangaon Badhe, Tq. & Dist. Buldhana and
                                       anr.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                Court's or Judge's Orders.
or directions and Registrar's orders.
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                           Mr. Vivek Awchat, Advocate for applicants.
                           Ms. Mayuri Deshmukh, APP for non-applicant No.1.
                           Mr. Ketan Bhoskar, Advocate for non-applicant No.2.

                                        CORAM          : VINAY JOSHI, AND
                                                         VALMIKI SA MENEZES, JJ.

DATE : 13.02.2023.

This is an application seeking quashing of FIR in Crime No.150/2021, registered with Police Station Dhamangaon Badhe, Tal. & District - Buldhana, for the offences punishable under Section 376, 376(2)(n), 506 read with 34 of the Indian Penal Code along with Section 67-A of the Information Technology Act, 2000.

2. The applicants' seeks quashing of FIR and charge-sheet by stating that the allegations made in police report does not constitute and offence for which, they have been charged. Besides that, it is submitted that the FIR was filed under

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misunderstanding and by the time, the parties have settled the dispute out of Court and filed affidavit to that effect.

3. The informant lady is present in Court. She has endorsed that the matter is settled and she has filed affidavit in this Court, which is signed by her. The informant stated that due to misunderstanding, she filed report and due to settlement, she do not want to prosecute the case. She stated that her marriage is fixed elsewhere and under such a circumstances, she has no objection for quashing of FIR.

4. The informant lady is accompanied by her brother - Asashwin Ingale and uncle - Rameshwar Ingale. The informant-lady before Court is identified by her counsel. We have verified the things from informant to which she accepts.

5. Learned APP objected to quash the report as the offence alleged is of rape.

6. At this juncture, both parties have requested time to cite some judgments and also to argue on merits.

7. Stand over to 17.02.2023.

Signed By:PRITY S GABHANE Reason:

Location:

JUDGE JUDGE Signing Date:14.02.2023 18:54

Prity