Nikita Kunal Wadekar And Another v. The State Of Maharashtra And Others

2024:BHC-AUG:14310-DB 955-WP-391-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 391 OF 2022 Nikita Kunal Wadekar and Another ..PETITIONERS

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. Shaikh M.A. Jahagirdar, Advocate for petitioners Mr. S.V. Hange, A.P.P. for respondent nos. 1 to 3 ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 11th JULY, 2024 PER COURT :

1.

This is a joint petition filed by the accused and the victim praying to quash and set aside F.I.R., being C.R. No. 344 of 2021 registered with Kopergaon City Police Station, Dist. Ahmednagar on 18th November, 2021 for the offences punishable under Section 363 of the Indian Penal Code and Sessions Case No. 74 of 2022 pending on the file of Additional District and Sessions Judge, Kopergaon.

2.

Respondent No.4 - informant did not appear, though served. Service affidavit is on record.

3.

Heard learned counsel for the petitioner and learned A.P.P. for Respondent Nos.1 to 3. It is seen from the averments made in the petition 1 / 2

955-WP-391-22.odt that the petitioners were emotionally involved with each other and they got married with each other on 02nd February, 2022. They have became life partners. Though, Respondent No.4 - informant had an opportunity to appear in the matter, she chose not to appear. 4.

On the aforesaid facts and circumstances of the case, we exercise our powers under Section 482 of Code of Criminal Procedure and allow the petition in terms of prayer clause (B).

( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2