Somnath S/O Angad Kadam v. The State Of Maharashtra And ANR

1 Cri.Apln 5144-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5144 OF 2016 Somnath s/o Angad Kadam, Age 24 years, occupation Agri., R/o Deolali Tq. Bhoom Dist.

Osmanabad.

.. Applicant.

Versus

1.

The State of Maharashtra, through Police Station Paranda Dist. Osmanabad.

2.

Somnath s/o Changdeo Tambe, Age 55 years, occupation Agri., R/o Deolali Tq. Bhoom Dist. Osmanabad.

.. Respondents ---- Mr. Shaikh Majit S., Advocate for the applicant. Mr. M. M. Nerlikar, Addl. Public Prosecutor for resp.No.1. Mr. U. S. Undre, Advocate for respondent No.2. ---- CORAM : T. V. NALAWADE & SMT.VIBHA KANKANWADI. JJ.

DATE : 14-12-2018.

ORAL JUDGMENT : ( Per COURT ) 1.

Rule. Rule made returnable forthwith and heard learned advocates for the parties appearing finally, by consent. 2.

The proceeding is file under Section 482 of Code of Criminal Procedure for relief of quashing of FIR No. 160 of 2016, registered with Paranda Police Station Tq. Paranda Dist. Osmanabad for

2 Cri.Apln 5144-2016 offences punishable under Section 363, 366-A of Indian Penal Code against the present applicants.

3.

The report was given by father of the victim girl and at the relevant time according to the father, the victim was aged about 17 years and 10 months.

4.

The FIR was given on 03-09-2016. The submissions made show that, the applicant has married with the victim girl. Victim girl is present in the Court today and she is with her kid. Father of the victim girl is also present. Photographs of the marriage are also produced on record. There is affidavit of the victim girl for aforesaid effect.

5.

In view of these circumstances and nature of the allegations, this Court holds that relief needs to be granted. In the result application is allowed. Relief is granted to applicant in terms of prayer Clause "A". Rule made absolute in those terms. (SMT. VIBHA KANKANWADI) (T. V. NALAWADE) JUDGE JUDGE vjg/-.