Prathamesh Prakash Goriwale v. The State Of Maharashtra And ORS.

wp.3871.18.5.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3871 OF 2018 Prathamesh Prakash Goriwale

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Manohar Shantaram Mandavkar for the Petitioner Mr. K. V. Saste, A.P.P for the Respondent No.1-State Mr. Bhushan Ulhas Deshmukh for the Respondent Nos. 2 and 3 CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

THURSDAY. 28 th FEBRUARY 2019 P.C. :

Complainant-mother and her daughter are before this Court as respondents. They are giving no objection for quashing of FIR registered vide C.R. No. 376/2016 on 19th November 2016 under Section 376(2) of Indian Penal Code r/w Sections 4, 8 and 12 of Protection of Children from Sexual Offences Act. Respondent No.3-victim was then a minor.

SQ Pathan 1/2

wp.3871.18.5.doc Parties are now before this Court pointing out that respondent No. 3 got married with petitioner on 8th July 2017. They also point out that petitioner and respondent No. 3 have a child which was conceived before marriage and is presently about two years old. Affidavits tendered separately by respondent No.2mother and respondent No.3-victim are taken on record. The complainant-mother has accepted the facts mentioned (supra).

It appears that parties have applied for grant of Certificate of Marriage and that application is still pending. In view of these developments and joint request, we make rule absolute in terms of prayer clause (a).

REVATI MOHITE DERE, J.

B. P. DHARMADHIKARI, J.

SQ Pathan 2/2