Nazim Shaukat Chaudhari v. The State Of Maharashtra And ANR

45-wp-149.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 149 OF 2020 Nazim Shaukat Chaudhari ...

Applicant

Versus

State of Maharashtra and Ors.

...

Respondents Adv Prabha Badadare for the applicant.

Mr. Onkar Nagvekar for respondent no. 2.

Dr. F.R. Shaikh, APP for the respondent State. CORAM : B.P. DHARMADHIKARI, ACTING CHIEF JUSTICE & NITIN R. BORKAR, J.

DATE :

FEBRUARY 25, 2020 P.C.:

The applicant is present with his advocate. Respondent no. 2 is present with her advocate. They are jointly requesting for quashing of the FIR which is under section 376, 506(2) and 323 IPC.

2.

Respondent no. 2 has given affidavit in Hindi on 3/12/2019 (sic 2020) stating that it was a consensual relationship. Another affidavit sworn today is handed over in court. Orally also she has given no objection.

3.

Learned APP appears for the State.

nilegaonkar 1/2

45-wp-149.2020.odt 4.

We have perused the papers. Subject to applicant paying an amount of Rs.5,000/- to Police Welfare Fund of State of Maharashtra within two weeks from today, we make rule absolute in terms of prayer clause (b) since we find that nothing fruitful will come out of this prosecution.

(NITIN R. BORKAR, J.) (ACTING CHIEF JUSTICE) nilegaonkar 2/2