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Bombay High CourtAPL/886/2018rule absolute

Shankar Dagdu Mardhekar And ORS v. The State Of Maharashtra And ANR

2020-02-05Hon'Ble Shri Justice N. R. Borkar,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

904-apl-886.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN U/S 482 NO. 886 OF 2018 Shankar Dagdu Mardhekar and Ors.

...Applicant

Versus

The State of Maharashtra and anr.

...Respondents

Adv Shilpa Upadhyay i/by M/s. APS Law Associates for the applicant.

Mr. K.V. Saste, APP for the respondent State. CORAM : B.P. DHARMADHIKARI & NITIN R. BORKAR, JJ.

DATE :

FEBRUARY 05, 2020 P.C.:

Parties were present yesterday with their respective advocates and requested for quashing of the FIR registered under sections 363, 366, 366A, 376 IPC and sections 4 and 8 of the POCSO.

2.

Respondent no.2 father has lodged a complaint against petitioner no.1 claiming that his daughter was abducted by petitioner no.1. Petitioner no.2 is father of petitioner no.1 and petitioner no. 3 is brother of petitioner no. 1. 3.

The alleged victim has also today tendered affidavit separately stating that on her own will and because of love with nilegaonkar 1/2

904-apl-886.2018.odt petitioner no.1, she has married petitioner no. 1 on 19/12/2017. The school leaving certificate shows her date of birth to be 22/9/1998.

4.

All the family members are present and complainant himself has stated on affidavit that he has accepted the marriage and both the families have cordial relations. 5.

In view of this position and accepting the joint statement, we make the rule absolute in terms of prayer clause (a). (NITIN R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2