Nitin C. Rathod v. The State Of Maharashtra And ANR
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 385 OF 2013 Mr. Nitin C. Rathod.
... Applicant.
V/s.
The State of Maharashtra and Anr.
... Respondents.
Ms. Preeti Gada for the Applicant.
Mr. H.J. Dedhia, APP for the State.
CORAM : P.V. HARDAS & P.N. DESHMUKH, JJ.
DECEMBER 24, 2013.
P.C. :- By this Application the Applicant seeks quashing of the First Information Report lodged by Respondent No.2 on the basis of which the Agripada Police Station, Mumbai registered an offence vide Crime No.26 of 2013 under Sections 354, 509, 506 of Indian Penal Code and under Section 3(1)(xii) of the Prevention of Atrocities Act, 1989.
2.
The ground which is now urged before us by the learned Counsel for the parties is that the dispute between the Applicant and Respondent No.2 has been amicably settled and the parties have married on 25.2.2013 and consequently,
Respondent No.2 has now no objection for quashing and setting aside the said First Information Report. 3.
Respondent No.2 is present in person and is identified by the learned Counsel for the Applicant. The learned Counsel for the Applicant has also identified Respondent No.2 at the time of swearing of the affidavit. Respondent No.2 has also acknowledged her signature as it appears on the affidavit and on being orally questioned has reiterated the contents of the affidavit.
4.
In the light of the fact that the dispute between the parties has now been settled and the Applicant and Respondent No.2 are now legally married, we allow this Application and quash and set aside the First Information Report lodged by Respondent No.2 on the basis of which the Agripada Police Station registered an offence vide Crime No.26 of 2013 under Sections 354, 509, 506 of the Indian Penal Code and under Section 3(1)(xii) of the Prevention of Atrocities Act, 1989.
5.
Application allowed as indicated above with no order as to costs.
(P.N. DESHMUKH, J.) (P.V. HARDAS, J.)