Sagar Dhondu @ Nemidas Saitwal And ANR v. The State Of Maharashtra And Others

946- Cri.W.P. N. 1425-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1426 OF 2019 1.

Sagar Dhongu @ Nemidas Saitwal, Age : 32 Years, Occ. Compounder, 2.

Dhongu @ Nemidas Damu Saitwal, Age : 58 Years, Occu. Pensioner, All R/o. Shrikrishna Nagar, Savada Road, Raver, Tq. Raver, Dist. Jalgaon ..PETITIONER

VERSUS

1.

The State of Maharashtra Through Police Inspector Raver Police Station, 2.

Kavita Dattatraya Shamrao Sonar Age : 50 Years, Occu. Household, R/o. Kerhala BK, Tq. Raver, Dist. Jalgaon 3.

Sonali W/o Sagar Saitwal Age : 25 Years, Occ. Household, R/o. Shrikrishna Nagar, Savada Road, Raver, Tq. Raver, Dist. Jalgaon ..RESPONDENTS .....

Advocate for the Petitioner : Mr. A.J. Patil A.P.P for respondent-State : Mr. D.R. Kale Advocate for respondent Nos. 2 and 3 : Mr. A.S.Shejwal ....

CORAM

:T.V. NALAWADE AND R.G.Avachat ,JJ.

DATE : 09-10- 2019.

ORAL JUDGMENT (PER T.V. NALWADE J. :- Rule. Rule made returnable forthwith. By consent heard both the sides for fnal disposal.

946- Cri.W.P. N. 1425-2019.odt 2.

The proceeding is fled for relief of quashing of the case bearing No. 69 of 2015 which was pending in the Court of Sessions Court Bhusawal, district Jalgaon, which is fled in C.R. No. 33/2013. The crime was registered for the ofences punishable under Sections 363,366,467,468,471,504 and 506 of the Indian Penal Code. During the arguments learned counsel for the applicant and the informant ( both respondent Nos. 2 and 3) submitted that parties have settled the dispute. Copy of charge sheet is also shows that the victim girl was aged about 18 years at the relevant time and so police fled summery report in respect of other allegations. She is the wife of the applicant No.1 and applicant No.2 is father of applicant No.1. Thus, there was only two sections like 504 and 506 of the Indian Penal Code are remaining and there is afdavit of the aforesaid nature. Both the informant and the wife of the applicant No.1 want to quash the C.R itself. In view of the aforesaid circumstances, petition is allowed. Relief is granted in terms of prayer clause 'B'.

Rule made absolute in those terms [R.G.AVACHAT] [T.V. NALAWADE] JUDGE JUDGE YSK/