Atul Dashrath Lokhande And ANR v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.701 OF 2024 Atul Dashrath Lokhande and another Petitioners versus The State of Maharashtra and another Respondents Dr.Uday Warunjikar with Mr.P.D.Purway for Petitioners. Adv.K.T.Hivarale, APP, for State.

Mr.Virendra V. Pethe, Advocate for Respondent no.2. API Jyotsna Patil, Kapurbawadi Police Station, present. CORAM : PRAKASH D. NAIK AND N.R.BORKAR, JJ.

DATE : 1st March 2024 PC :

1.

Petitioners are charge sheeted for offences under Sections 376, 420, 328, 506 r/w 34 of Indian Penal Code. The proceedings are arising out of FIR dated 27th January 2015 lodged at the instance of Respondent no.2.

2.

Respondent no.2 had alleged that from 2007 to 2015 she was subjected to physical relationship under the promise of marriage. She was also humiliated by Respondent no.2.

3.

The parties have resolved the differences and have agreed to quash the proceedings. In view of the settlement between the parties and with the consent of Respondent no.2, impugned proceedings MANISH SURESHRAO THATTE Date: 2024.03.04 12:18:07 +0530 MANISH SURESHRAO THATTE may be quashed.

4.

Petitioners and Respondent no.2 are present in Court. Respondent no.2 has confirmed her consent for quashing the

2 of 2 19.WP.701.2024.doc proceedings. She has filed affidavit dated 29th February 2024 stating that there is amicable settlement between the parties and Petitioners and Respondent no.2 have decided to start fresh life and hence she is giving consent to quash and set aside the criminal proceedings being C.R No.I-45 of 2015 registered with Kapurbawadi Police Station. The affidavit is taken on record.

5.

We have perused the FIR and charge sheet which are on record. Apparently the complainant/Respondent no.2 and Petitioner no.1 were in relation from 2007 to 2014. Considering the nature of relationship which appears to be of consensual and in view of amicable settlement, impugned proceedings can be quashed.

ORDER

(i) Criminal Writ Petition No.701 of 2024 is allowed and disposed off;

(ii) The proceedings in Sessions Case No.122 of 2020 pending before Additional Sessions Judge, Thane arising out of FIR No.I-45 of 2015 registered with Kapurbawadi Police Station are quashed and set aside;

(iii) The Petitioners shall pay cost of Rs.50,000/- within two weeks from the date of uploading of this order to Advocates Association of Western India Generation Next, in Account No000110110007807, Bank of India, Mumbai Main Branch, having IFSC Code - BKID0000001, and furnish copy of receipt of payment in the Registry within one week thereafter;

(iv) List the matter for reporting compliance after four weeks. (N.R.BORKAR, J.) (PRAKASH D. NAIK, J.) MST