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Bombay High CourtAPPLN/3147/2018application allowed

Yogesh S/O. Sahebrao Bhalerao v. The State Of Maharashtra And ANR

2018-11-02Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

947- Cri. Appln No. 3147-2018.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3147 OF 2018 Yogesh S/o Sahebrao Bhalerao, Age : 26 Years, Occ. Service, R/o. Lane No.1 Rama Nagar, Kranti Chowk, Aurangabad.

.. APPLICANT

VERSUS

1] The State of Maharashtra 2] Tanushree D/o Kondirao Navkekar, Age : 23 Years, Occ. Teacher, R/o. Mamta Colony, Parbhani.

..RESPONDENTS ...

Advocate for Applicant : Mr. R. A. Jaiswal APP for Respondents: Mr. M.M. Nerlikar Advocate for respondent no.2 : Mr. Siddhant Paikrao ...

CORAM :

T.V. NALAWADE AND SMT.VIBHA KANKANWADI,JJ.

DATE :

02-11- 2018.

JUDGMENT

[ Per T.V. NALWADE, J] :- Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2.

The proceeding is filed under Section 482 of the Code of Criminal Procedure for relief of quashing of FIR No. 323 of 2018 registered with Modha Police Station, District Parbhani, for the offences punishable under Sections 354-D, 506, 323 of Indian penal Code.

947- Cri. Appln No. 3147-2018.odt 3.

Heard both the sides.

4.

During the argument learned counsel for the applicant and first informant submitted that the parties are settle the dispute. The affidavit of the first informant, victim girl is filed on record and contents of the affidavit shows that the FIR is given due to some misunderstanding. She has no intends to give evidence against the applicant. In view of the submissions made and contents of the affidavit this Court holds that relief needs to be granted. In the result following order :-

ORDER

(I) Application is allowed.

(II) Relief is granted to her in terms of prayer clause (B). Rule made absolute in the aforesaid terms.

[SMT.VIBHA KANKANWADI] [T.V. NALAWADE] JUDGE JUDGE YSK/