Ashish Gajendra Brahme v. The State Of Maharashtra And ANR

THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 2651 OF 2019 Ashish Gajendra Brahme, Age: 33 years, Occ: Business, R/o. Plot No.1, In front of Siddhivinayak Lawns Beed Bypass, Satara Parisar, Aurangabad.

... APPLICANT V E R S U S 1.

State of Maharashtra, Through the Police Inspector, CITY CHOWK Police Station, Dist. Aurangabad.

2.

Harshada Ajabrao Joshi, Age: 31 years, Occ: Service, R/o. Salve Niwas, Jublee Park, Bhadkal Gate, Aurangabad.

... RESPONDENTS ...

Mr. A. K. Bhosale, Advocate for Applicant.

Mrs. D. S. Jape, APP for Respondent No.1 / State. Mr. Dhanraj Ingole, Advocate for Respondent No.2. ...

CORAM :

T. V. NALAWADE & M. G. SEWLIKAR, JJ.

DATE :

30th January, 2020.

ORAL JUDGMENT: ( Per T. V. Nalawade, J. ) .

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

The proceeding is filed for relief of quashing of FIR No.193 of 2019, registered with City Chowk Police Station, District Aurangabad, for the offences punishable under Sections 376, 363, 34 etc. of the Indian Penal Code. The age of the prosecutrix is given as 31 years. They are close relatives of each other. The learned counsel for Applicant and the learned counsel for informant submitted that the parties have settled the dispute. Affidavit to that effect of Respondent No.2, informant is produced. She has no intention to give evidence against the Applicant. In view of the nature of dispute and relationship between the parties, this Court holds that relief needs to be given. In the result, the following order is passed:

O R D E R

I.

The application is allowed.

II.

Relief is granted in terms of prayer clause (C) and the charge-sheet is also quashed and set aside as

it appears from prayer clause (D) that charge-sheet was also already filed, which was bearing No.338 of 2019.

III.

Rule is made absolute in those terms.

[ M. G. SEWLIKAR, J. ] [ T. V. NALAWADE, J. ] ndm