Pooja Prem Kumar Rai v. State Of Maharashtra And ANR

16-APL-1415-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1415 OF 2023 Pooja Prem Kumar Rai ...

Applicant

Versus

The State of Maharashtra and another ...

Respondents .........

Mr. Vineet Sukumaran for the Applicant.

Ms. M.M. Deshmukh, APP for the State.

Mr. Akash Singh instructed by Mr. A.P. Khanduri for Respondent No.2. Applicant and Respondent No.2 are present.

PI N.R. Kenche, Khadakpada Police Station, present. .........

CORAM : PRAKASH D. NAIK & N.R. BORKAR, JJ.

DATED : 14th DECEMBER 2023 P.C. :- .

The Applicant is the original complainant in First Information Report dated 3rd August 2023 (FIR) registered with Khadakpada Police Station for offences under Sections 376(2)(n), 420, 506 of Indian Penal Code (IPC) vide Crime No. 325 of 2023. 2.

In the FIR, it is alleged that the accused has promised that he would perform marriage with her and she was subjected to physical relationship. Marriage was not performed.

3.

The Applicant/complainant and Respondent No.2/accused are present in Court. They have submitted that the dispute is amicably resolved. They have agreed to perform their marriage. Kanchan P Dhuri 1 / 2

16-APL-1415-2023.odt 4.

Respondent No.2 has filed Affidavit stating that the marriage could not be performed on account of family chaos. The dispute is settled and now the Respondent No.2 is ready to marry with the Applicant. Affidavit is taken as an undertaking to this Court. 5.

Considering the aforesaid circumstances, the FIR can be quashed.

ORDER

(i) Criminal Application No. 1415 of 2023 is allowed. (ii) First Information Report dated 3rd August 2023 registered with Khadakpada Police Station vide Crime No. 325 of 2023 is quashed and set aside.

(iii) Respondent No.2 shall adhere to the undertaking given to this Court.

( N.R. BORKAR, J. ) ( PRAKASH D. NAIK, J. ) by KANCHAN PRASHANT DHURI Date:

2023.12.14 17:57:52 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2