Siddharth Ramkrushna Chitte v. The State Of Maharashtra And ANR

1 Cri.Appln. 1274/2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 1001.

CRIMINAL APPLICATION No. 1274 of 2020 Siddharth S/o Ramkrushna Chitte, age 33 years occupation labourer R/o Narayanpur Taluka Ucchhal District Tapi (Gujarat State) ...Applicant

VERSUS

1.

The State of Maharashtra Through: The Police Inspector, Navapur Police Station District Nandurbar 2.

Ravina Kiran Gavit, age 23 years occupation labourer R/o Bhoi Galli, Navapur Tal. Navapur Dist. Nandurbar

...Respondents

Mr. Gajendra D. Jain, Advocate for applicant Smt. Vaishali N. Patil-Jadhav, Addl. Public Prosecutor for respondent No.1/State Mr. M.Y. Patil, Advocate for respondent No.2 C ORAM : T.V. NALAWADE & MANGESH S. PATIL , JJ.

DATE : 25th August, 2020 ORAL JUDGMENT (Per : T.V. NALAVADE, J.) :

1.

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

2.

The present application is filed for the relief of quashing of the first information report in Crime Regn. No. 67 of 2020

2 Cri.Appln. 1274/2020 registered in Navapur Police Station for offences punishable under Sections 376, 417, etc. of the Indian Penal Code. Submission was made that no chargesheet was filed as yet in this crime. Submission was made that there is settlement between the present applicantaccused and the informant. 3.

An affidavit sworn by the informant in that regard is produced. The informant is represented by Advocate Mr. M.Y. Patil and he is present on-line. This Court has carefully gone through the F.I.R. to ascertain the age of the prosecutrix and the nature of allegations made by her. In view of the age of the prosecutrix and nature of allegations made in the F.I.R., this Court holds that nothing can be achieved in the present circumstances as there will be no evidence from the prosecutrix. In the result, the following order.

O R D E R

I.

Application is allowed. The relief is granted in favour of the applicant in terms of Prayer Clause (B). The F.I.R. stands quashed and set aside.

II.

Rule made absolute in those terms.

( MANGESH S. PATIL ) ( T.V. NALAWADE ) JUDGE JUDGE Madkar