Shri Hemant Raghunath Mali. v. The State Of Maharashtra And ANR.

{1} crappln503315.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5033 OF 2015 Hemant Raghunath Mali, age: 36 years, Occ: Business, R/o Subhash Nagar, June Dhule, Tal. & Dist. Dhule.

Applicant

Versus

1 The State of Maharashtra 2 Sandhya Gokul Nimkharde, age: 31 years, Occ: Business, R/o Jai Hanuman Nagar, Jalgaon.

Respondents Mr.S.S.Patil, advocate for the applicant.

Mr.S.P.Deshmukh, APP for Respondent No.1.

Mr.Sushant V. Dixit, advocate for Respondent No.2. CORAM : R.M.BORDE & K.L.WADANE, JJ.

DATE : 21st April, 2016 ORAL JUDGMENT (Per R.M.Borde, J.):

Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. This is an application by the accused involved in commission of crime punishable under Sections 354(A), (2), (4), 506 and 509 of the Indian Penal Code in pursuant to registration of First Information, being Crime No.55/2015, registered at Zilla Peth Police Station, Jalgaon.

After presentation of the instant petition, notices were directed to be issued to the Respondents. The aggrieved person i.e. Respondent No.2/ original complainant has presented an affidavit stating

{2} crappln503315.odt therein that since she is getting married and intending to begin a new life, she does not intend to prosecute the crime registered against the applicant. Original Complainant - Respondent No.2 herein has a just desire to put an end to the dispute between the parties. The affidavit has been duly sworn by Respondent No.2 - original complainant and is also signed by the learned advocate appearing for her. Same is taken on record and marked "X" for identification.

In view of the judgment delivered by the Supreme Court in the matter of Gian Singh Vs. State of Punjab & another, reported in 2012 (10) SCC 303; since the parties have decided to settle the dispute amongst themselves and that the prosecution is not likely to succeed even if the case is put up for trial and that the allegations levelled against the applicant do not come within the exceptions specified in the aforesaid judgment, it is desirable to quash the criminal proceedings initiated against the applicant in pursuance to Crime No.55/2015. In the result, Criminal Application is allowed. Criminal Proceedings initiated against the applicant in pursuance to lodging of CR. No.55/2015, registered at Zilla Peth Police Station, Jalgaon, for offences punishable under Sections 354(A), (2), (4), 506 and 509 of the Indian Penal Code, stands quashed.

Rule is accordingly made absolute.

K.L.WADANE R.M.BORDE JUDGE JUDGE adb/crappln503315