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Bombay High CourtAPPLN/2598/2019application allowed

Vijay S/O. Prabhurao Biradar v. The State Of Maharashtra And ANR

2019-08-27Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice K. K. Sonawane2 pages

910-CrA-2598-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2598 OF 2019 Vijay s/o Prabhurao Biradar, Age 52 years, Occ. Service r/o Achawala Tq. Nilanga, Dist. Latur.

... Petitioner Vs.

1.

State of Maharashtra 2.

Sunita Mahesh Suryawanshi, Age 38 years, Occ. H.H.

r/o Karajgaon, Tq. Ausa, Dist. Latur ... Respondents ...

Advocate for Applicant : Shri Rajiv B. Deshmukh APP for Respondent - State : Smt. V. S. Choudhari Advocate for Respondent No. 2 : Shri D. A. Madake ...

CORAM : T.V. NALAWADE & K.K. SONAWANE, JJ.

DATE : 27th AUGUST, 2019.

ORAL JUDGMENT :

1.

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

2.

Present proceeding is filed for relief of quashing of F.I.R. No. 115 of 2018 registered with Killari Police Station, Tq. Ausa, District Latur. The Crime is registered for the offence punishable under Sections 354-A and 506 of Indian Penal Code. This Court has carefully gone

910-CrA-2598-19.doc through the contents of the F.I.R.

3.

The informant and the accused are from different village but they have decided to settle the dispute amicably. Affidavit of the informant who is identified by way of learned counsel is filed on record to that effect and it shows that she does not want to give any evidence against the present applicant.

4.

In view of these circumstances, this Court holds that relief needs to be given. Correction should be made in the name of the police station mentioned in the petition and the said amendment is be carried out immediately. Application is allowed. Relief is granted in terms of prayer clause (A). Rule is made absolute in those terms. (K.K. SONAWANE, J.) (T.V. NALAWADE, J.) SVH