Mahesh Sanjay Jadhav vs Prerna Mahadev Jadhav And Anr
2023 Latest Caselaw 1605 Bom

                       (12)-APL-577-19.doc.


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally
                                     CRIMINAL APPELLATE JURISDICTION
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
          2023.02.18
          11:06:51
                                    CRIMINAL APPLICATION NO.577 OF 2019
          +0530




                       Mahesh Sanjay Jadhav                                ..Applicant
                            Versus
                       Prerna Mahadev Jadhav & Anr.                        ..Respondents

                       Mr. Benimadhav Goswani i/by Sandesh D. Marathe, for the
                       Applicant.
                       Mr. Omkar G. Nagwekar, for the Respondent No.1.
                       Mr. A. R. Kapadnis, APP for the Respondent No.2.

                                                    CORAM : NITIN W. SAMBRE &
                                                            R. N. LADDHA, JJ.

DATE : 16th FEBRUARY, 2023

P.C.

1. The complainant alleges an offence under the provisions of POCSO Act. As such, the applicant came to be charge-sheeted.

2. The complainant, so also the applicant are seeking quashing by consent on the ground that both have got married and are blessed with a minor daughter.

3. Reliance is placed on the division bench judgment of this Court so as to substantiate the claim for quashing by consent. The complainant is present in the Court and extends consent for quashing thereby approving the aforesaid factual matrix viz. marriage and birth of a daughter.

BGP. 1 of 2 (12)-APL-577-19.doc.

4. As to whether the prosecution under the provisions of POCSO Act can be quashed by consent is an issue subjudice before the Apex Court.

5. In view of above, Rule.

6. The further prosecution against the petitioner shall remain stayed until further orders.

7. Parties are at liberty to circulate the matter once the Supreme Court resolves the issue.

8. Counsel for the respondent No.1 complainant tendered consent affidavit for quashing which is taken on record.

[R. N. LADDHA, J.]                      [NITIN W. SAMBRE, J.]




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