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Bombay High CourtAPPLN/3782/2023application allowed

Jyotiram Vithalrao Dhongde v. The State Of Maharashtra And Another

2023-10-30Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

(1) 24criapln3782.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 CRIMINAL APPLICATION NO.3782 OF 2023 JYOTIRAM VITHALRAO DHONGDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr. Rajendra Deshmukh, Senior Advocate i/b Mr. Govind A. Kulkarni, Advocate for the applicant Mr. P. N. Kutti, APP for the respondents/State CORAM : R. G. AVACHAT & KISHORE C.

SANT, JJ.

DATE: 30th OCTOBER, 2023 P. C.

1.

Heard the parties.

2.

The prosecutrix is present in the court. She has also prepared an affidavit and same is presented in the court today. 3.

From the affidavit-in-reply it is seen that the relationship between the parties was consensual. Due to some misunderstanding the complaint was filed. Now there is settlement between the parties. It is further stated in the

(2) 24criapln3782.23 affidavit that now the applicant is suffering from breast cancer and this factors also made her to come to settlement. The prosecutrix who is present in the court accepted that the affidavit-in-reply is signed voluntarily and she is also desires to settle the matter.

4.

In view of the same, it would be in the interest of justice to quash the proceeding against the applicants. It is clear that continuation of the proceeding would clearly abuse of process of law. It is also necessary to impose certain cost for taking valuable time of this court and machinery. 5.

In view of the same, following order is passed :-

ORDER

i.

The application stands allowed in terms of prayer clause-C subject to deposit the cost of Rs.15,000/- in the Legal Aid Sub-Committee, Aurangabad within a period of two weeks from today.

[KISHORE C. SANT, J.] [R. G AVACHAT, J.] VishalK/24criapln3782.23