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Bombay High CourtAPPLN/242/2019application allowed

Dilip Raju Aurangabadkar v. The State Of Maharashtra And ANR

2019-04-09Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice Mangesh S. Patil2 pages

CrAppln 242 19 J.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 242 OF 2019.

Dilip Raju Aurangabadkar, Age 21 years, Occ. Labour, R/o. Jaibhavani Nagar, Lane No. 1, Mukundwadi, Aurangabad.

...

Applicant.

VERSUS.

1.

The State of Maharashtra.

Through Police Inspector Mukundwadi Police Station, Aurangabad.

2.

Sayali d/o Ramrao Darade, Age 21 years, Occ. Education, R/o. Jaibhavani Nagar, Mukundwadi, Aurangabad.

...

Respondents.

...

Mr. Jadhav Ravindra N., Advocate for Applicant. Mr. M.M. Nerlikar, APP for the respondent No. 1. Mr. Dhake Vijay, Advocate for respondent No. 2.

CORAM

:

T.V. NALAWADE & MANGESH S. PATIL, JJ.

DATE :

09.04.2019 ORAL JUDGMENT (PER T.V. NALAWADE, J):

1.

Rule. Rule is made returnable forthwith. By consent heard both the sides for final disposal.

2.

The proceeding is filed for relief of quashing of F.I.R. No. 565/2017 and Regular Criminal Case No. 2603/2017 pending in Railway Court, Aurangabad for the offences punishable under section 354, 323, 504 1/2

CrAppln 242 19 J.odt of the Indian Penal Code.

3.

During argument learned counsel for the applicant and first informant submitted that parties have settled the dispute. This Court has gone through the allegations made in the F.I.R. by the prosecutrix. She has filed affidavit to the effect that she has no objection to grant the relief and she has settled the dispute with the applicant and she has no intention to proceed against the applicant.

4.

In view of the nature of allegations, this Court holds that relief needs to be granted.

5.

In the result application is allowed. Relief is granted in terms of prayer clause 'B'. Rule made absolute in those terms. (MANGESH S. PATIL, J.) (T.V. NALAWADE, J.) mkd 2/2