Ravikiran S/O. Bhaskar Bhojane v. The State Of Maharashtra And ANR

1 Cri. Appln. No. 753/2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 928.

CRIMINAL APPLICATION NO.753 OF 2019 Ravikiran S/o Bhaskar Bhojane, age 32 years occup. service R/o Hipparga (K), Ausa Taluka Ausa Dist. Latur ...Applicant.

VERSUS

1.

The State of Maharashtra Through : The Police Officer, Jamkhed Police Station, Taluka Jamkhed Dist. Ahmednagar 2.

Komal Tatyaram Dhawale, age 23 years occup. household R/o Halgaon, Jamkhed Taluka Jamkhed Dist. Ahmednagar

...Respondents

Mr. P.P. More, Advocate for applicant Mr. S.J. Salgare, Addl. Public Prosecutor for Respt. No.1/State Mr. S.R. Andhale, Adv. for Respt. No.2 C ORAM : T.V. NALAWADE & M.G. SEWLIKAR , JJ.

DATE : 19th January, 2021 J U D G M E N T (PER :

T.V. NALAWADE , J.):

1.

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

2.

Present proceeding is filed for the relief of quashing of the First Information Report No. 653/2018 registered with Jamkhed Police Station District Ahmednagar for the offences punishable under Sections 376, 420, etc. of the Indian Penal Code. During argument,

2 Cri. Appln. No. 753/2019 it was submitted that the chargesheet is also filed. Permission is granted to amend the proceeding and add the relief of quashing of the case itself. The amendment is to be carried out immediately. During argument, the learned Counsel for the applicant and the informant submitted that the parties have settled the dispute and the marriage has taken place between the applicant and the informant. The learned Counsel for the informant has identified the informant and he submits that he has produced the Certificate of Marriage issued by the concerned Marriage Hall. The affidavit of the informant shows that she has no intention to give evidence against the applicant and she has no objection to give the relief claimed. A statement was made by the learned Counsel for the informant, who is present in the Court Hall, that under the Government Scheme no amount of compensation was collected by her after registration of the present crime and for present crime. In view of these circumstances, following order is made.

O R D E R

I) Application is allowed. Relief is granted of quashing of the first information report and quashing of the case itself. II) Rule made absolute in those terms.

( M.G. SEWLIKAR ) ( T.V. NALAWADE ) JUDGE JUDGE Madkar