Bhupendra S/O Atmaram Rathod v. State Of Maha Thr Pso, Ps Imamwada, Nagpur

2025:BHC-NAG:5067-DB 1 903apl474.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APL] NO.474 OF 2025 [Bhupendra s/o Atmaram Rathod .vs. The State of Maharashtra and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Sapana S. Jadhav, Advocate for Applicant. Mr. A.R. Chutke, APP for Non-Applicant No.1/State. Ms. Chaitali S. Bhute, Advocate for Non-Applicant No.2. ......................

CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ.

DATE : MAY 02, 2025 .

P.C.

1.

By way of present application filed under Section 482 of the Code of Criminal Procedure, the applicant is seeking to quash First Information Report No.99/2025 dated 15.03.2025 registered with Police Station, Imamwada, Nagpur City for the offence punishable under Sections 78(2) and 75(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2.

Non-Applicant No.2 is personally present in the Court and she has been identified by her Advocate. She states that the matter has been compromised between the applicant and the victim and, therefore, she does not want to proceed with the criminal complaint filed against the applicant. Non-Applicant No.2 was 24 years old on the date of complaint lodged on 15.03.2025.

2 903apl474.25.odt 3.

The duration of occurrence of alleged offence is between the period 01.01.2025 to 14.03.2025.

4.

Non-Applicant No.2 has also filed an affidavit dated 02.05.2025 confirming the settlement between the parties. 5.

In the circumstances, considering the reasons and the fact that the settlement has been arrived at between the parties, we are of the considered view that even if the trial is conducted, it will be a futile exercise. In that view of the matter, the application is allowed.

6.

The First Information Report No.99/2025 dated 15.03.2025 registered with Police Station, Imamwada, Nagpur City for the offence punishable under Section 78(2) and 75(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, is hereby quashed and set aside.

7.

Criminal Application stands disposed of accordingly. (PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.) Gulande