Diwakar Ramashray Singh v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 167 OF 2024 Mr. Diwakar Ramashray Singh ...Applicant
Versus
1. The State of Maharashtra
2. Smt. ABC
...Respondents
....
Mr. Aabad Ponda, Senior Advocate i/by Mr. R. V. Gupta, Advocate for the Applicant.
Ms. Kirti Dabir Advocate for Respondent No.2. Mrs. M. M. Deshmukh, APP for Respondent-State. ....
by ETHAPE DNYANESHWAR ASHOK Date:
2024.04.15 14:57:03 +0530 ETHAPE DNYANESHWAR ASHOK CORAM : PRAKASH D. NAIK & N. R. BORKAR, JJ.
DATE : 4th APRIL 2024 P.C.:- 1.
The petitioner is arraigned as an accused in Sessions Case No.540 of 2015 pending before the Sessions Court at Mumbai arising out of FIR dated 6th January 2015 registered with MIDC Police Station, Mumbai vide C.R. No. 11 of 2015 for offences under Sections 354, 376(c), 506(2) of the Indian Penal Code, 1860.
2.
The FIR was registered on 6th January 2015 with MIDC Police Station alleging that the complainant was subjected to physical relationship under
coercion while she was working with the accused. On completing investigation, charge-sheet was filed.
3.
The petitioner is present in the Court through V.C. Respondent No.2 is present in the Court. Both are represented by Advocates. It is jointly submitted that the proceedings may be quashed. The complainant do not wish to proceed with the case and she intents to close the case . Respondent No.2 has filed affidavit. It is taken on record. 4.
We have perused the FIR and the documents annexed to this application. We also perused the affidavit of the complainant. The contents of the Affidavit provides the reasons for quashing the proceedings with the consent of complainant. The affidavit indicate that the complainant do not wish to proceed with the case. She wishes to close the case. Neither parties shall file any cases of civil/criminal nature in any Court of law arising out of said case. The affidavit is taken on record.
5.
Since the parties have resolved the dispute, the proceedings can be quashed with the consent of Respondent No.2.
ORDER
(i) Criminal Application (APL) No. 167 of 2024 is allowed; (ii) The impugned proceedings in Sessions Case No.540 of 2015 pending
before the Sessions Court at Mumbai arising out of FIR dated 6th January 2015 registered with MIDC Police Station, Mumbai vide C.R. No. 11 of 2015 is quashed and set aside against the applicant. (iii) Application stands disposed off.
(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)