Nitin Avinash Netake v. The State Of Maharashtra And ANR

1 29.1523.19 apl.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1523 OF 2019 Nitin Avinash Netake .....Applicant V/s.

The State of Maharashtra and another .....Respondents Mr. Harshad Nimbalkar a/w Mr. Satyam H. Nimbalkar for the applicant Mr. Gaurav Parkar i/b Mr. Sukhdeo Pandhare for respondent no. 2 Smt. S. D. Shinde APP for the State CORAM :

B. P. DHARMADHIKARI & NITIN W. SAMBRE, JJ.

DATE :

NOVEMBER 25, 2019.

P.C.

Applicant is present with his advocate. Respondent no. 2 is present with her Advocate. They are jointly requesting for quashing of F.I.R. which is under Sections 376 (2) (E) of the Indian Penal Code. Respondent no. 2 has also given separate affdavit and reiterated her no objection. Consent terms reached between parties

2 29.1523.19 apl.doc are also placed on record separately.

Learned counsel appearing for applicant submits that in order to buy peace and to avoid any further consequences, he has agreed to consent terms.

We have perused order passed by this Court granting regular bail to applicant.

As the applicant has decided not to proceed further in the matter, we keep on record a warning to respondent no. 2 that if such conduct is noted elsewhere, serious cognizance thereof will be taken. Subject to this warning, we make Rule absolute in terms of prayer clause (a) since no fruitful purpose would be achieved by keeping prosecution pending.

[NITIN W. SAMBRE, J.] [B. P. DHARMADHIKARI, J.]