Mahadev S/O. Jagannath Nagergoje v. The State Of Maharashtra And ANR

1 Cri.Apln 2431-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2431 OF 2018 Mahadev s/o Jagannath Nagargoje, Age 28 years, Occupation Agri., R/o Ambeltek Tq. Ambajogai Dist. Beed.

...Applicant

Versus

The State of Maharashtra, Through Police Inspector, Parli (Rural) Police Station Tq. Parli Dist. Beed.

And Other (01)

...Respondents

---- Mr. N. D. Kendre, Advocate for applicant.

Mr. M. M. Nerlikar, Addl. Public Prosecutor, for respondent No.1/ State.

Mr. S. G. Jadhavar, Advocate for respondent No.2. ---- CORAM : T. V. NALAWADE & SMT.VIBHA KANKANWADI. JJ.

DATE : 24-09-2018.

ORAL JUDGMENT : (Per T. V. NALAWADE, J.) 1.

Rule. Rule made returnable forth. Heard both sides by consent for final disposal.

2.

The proceeding is file under Section 482 of Code of Criminal procedure for relief of quashing of First Information Report bearing No. 17 of 2016, registered with Parli Rural Police Station Dist. Beed for offence punishable under Section 366 (A) of the Indian Penal

2 Cri.Apln 2431-2018 Code. During arguments learned counsel for the applicant -accused and learned counsel for respondent- first informant submitted that, parties have entitled the dispute. Submissions are made to the effect that, the victim girl has now become major, she has now married with the applicant and they are peacefully cohabiting at village Ambeltek Tq. Ambajogai Dist. Beed.

3.

This Court had asked the learned counsels for both sides to see that affidavit of not only girl but of her father is also filed to show that parties have settled their dispute. Today the affidavit of the girl Puja is filed, affidavit of father Uddhav Mule is also filed. Affidavit was sworn before Notary Public. The learned counsel for the respondent - first informant made a statement that the consent is given by the victim girl, her father and also the first-informant. 4.

In view of these circumstances and nature of allegations made, this Court holds that, the relief needs to be granted. In the result application is allowed. Relief is granted in terms of Prayer Clause 'B'. Rule is made absolute in those terms.

(SMT. VIBHA KANKANWADI) (T. V. NALAWADE) JUDGE JUDGE vjg/-.