Manish Ramesh Lande v. The State Of Maharashtra And Others

1 Cri WP 394/2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRITI PETITION NO. 394 OF 2019 Manish Ramesh Lande, Age 45 Years, Occ... R/o 35-Ayodhya Nagar, Ambad Road, At Jalna, District Nanded PETITIONER V E R S U S The State of Maharashtra RESPONDENTS Jalna Taluka Police Station at Jalna, District Jalna Yashsree D/o Rajendra Sharma, Age 24 Years, Occ. Education, R/o.

Satkar Nagar, Ambad Choufuli, at Jalna, District Nanded Mr. M.R. Lande, Advocate for the Petitioners Mr. K.S. Patil, A.P.P. for Respondents/State Mr. P.A. Bhosle, Advocate for Respondent No.3 ...

CORAM : T.V. NALAWADE AND M.G. SEWLIKAR, JJ.

DATE : 13th January, 2020

2 Cri WP 394/2019 ORAL JUDGMENT [T.V. NALAWADE, J.] :

Rule. Rule is made returnable forthwith. With consent of learned counsel for both the sides, heard finally.

2.

Present proceeding is filed for quashing of F.I.R. No. 273 of 2014, registered with Taluka Jalna Police Station, Jalna, for the offences punishable under Sections 354-A [1][D] and 506 of the Indian Penal Code as well as the Charge-Sheet came to be filed for the offences punishable under Sections 354A[1][d], 176, 506 of the Indian Penal Code. In trial Court, the number of said case is registered as R.C.C. No. 244 of 2014 which is pending before the Judicial Magistrate, First Class, Jalna.

3.

It appears that, in the trial Court, the application was moved to compound the offence, but the learned Judicial Magistrate, First Class rejected the application by holding that only offence punishable under Section 506 of I.P.C. can be compounded and held that other offences cannot be compounded.

4.

The submissions were made that the informant girl who was about 18 years at the time of offence, is now of 24 years.

3 Cri WP 394/2019 4.

The copies of settlement documents, before the trial Court, are filed on record before this Court. It appears that no application in the present proceeding is filed for settlement between the parties. But, the parties want to rely on the settlement documents produced before the Judicial Magistrate, First Class, Jalna. In view of above, the permission to settle the dispute between the parties needs to be granted. Hence, the order :

O R D E R

Application is allowed in terms of prayer clause "B".

Rule is made absolute in those terms.

( M.G. SEWLIKAR, J. ) ( T.V. NALAWADE, J. ) SRM/13/1/2020