Sujata @ Bharati Shashi Alhat And Others v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 192 OF 2022 Sujata @ Bharati Shashi Alhat and others ...Applicants versus The State of Maharashtra and another

...Respondents

.....

Ms. Sunita Sonwane, advocate for the applicants Mr. N.T. Bhagat, A.P.P. for respondent No.1 Ms. Shwetambari R. Bhingardeve, advocate for respondent No.2. .....

CORAM : R. G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATED : 16th JUNE, 2023.

ORDER (PER: SANJAY A. DESHMUKH, J.):- 1.

Heard the learned advocates for the respective parties. 2.

This is an application filed under Section 482 of Cr. P. C. for quashing of F.I.R. No. 1172 of 2019, registered with Tophkhana Police Station, Ahmednagar, for the offences punishable under Sections 354-A, 324, 323, 143, 147, 148, 149 of I.P.C. and Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012 and the consequential proceedings bearing Special Case No. 33 of 2022 pending before the Special Judge (POCSO), Ahmednagar. 3.

The learned advocate for the applicants submitted that the

-2applicants are innocent and on account of some other dispute, they have been falsely implicated in the crime. The learned advocates for the respective parties submitted that during pendency of this criminal application, the parties have arrived at amicable settlement and an affidavit to that effect has been filed by respondent No.2-informant contending that she has no grudge against the applicants. It is further contended that the informant has now attained the age of majority. They have cordial relations and therefore, they have decided that the entire dispute between the applicants and informant is to be settled and to close the cases.

4.

Considering the facts and circumstances of the case and the averments in the affidavit filed by the informant contending that the compromise has been taken place between the parties, this is a fit case to quash the F.I.R. and the consequential proceedings pending before the Special Court (POCSO) Ahmednagar, on the ground of settlement arrived at between the parties. 5.

In view of the above, the criminal application is allowed in terms of prayer clause "C" on the condition that the applicants to deposit an amount of Rs.20,000/- (Rupees Twenty thousand only) as costs, in the Registry of this Court on or before 30.06.2023 alongwith the details, such as, name of the depositor, his/her PAN number, Mobile number and address. On deposit of the said amount, as aforesaid, the Registry is directed to transmit the said amount

-3alongwith the aforesaid details of the depositor, to the NAAM Foundation, which is working for prevention of suicidal death of farmers in Maharashtra State, as early as possible. The account details of the NAAM Foundation, are as under:- Name of the Bank :

State Bank of India Branch :

(07339) University Road, Pune Maharashtra Account No.

:

35226127148 IFSC Code :

SBIN0007339 Account type :

Current Account (SANJAY A. DESHMUKH, J.) (R. G. AVACHAT, J.) rlj/