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Bombay High CourtAPL/796/2023disposed off as a withdrawn

Manisha D/O. Prakash Nagdeve And Another v. State Of Mah. Thr. Its Pso, Ps Rajapeth (City), Amravati.

2023-06-27Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Shri Justice Valmiki Menezes2 pages

1 13apl796.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 796/2023 (XYZ in Crime No. 367/2023, PSO, PS, Rajapeth City, Dist. Amravati & anr. Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.M. Haq, Advocate (appointed) for applicant No.1. Mr. G.M. Shinde, Advocate for applicant No.2. Mr. S.S. Doifode, Advocate for non-applicant/State. CORAM: VINAY JOSHI AND VALMIKI SA MENEZES JJ.

DATED : 27/06/2023.

Heard.

2.

The learned counsel appearing for applicant No. 2 seeks withdrawal with liberty to file fresh.

3.

This is a joint application filed by victim along with accused seeking to quash First Information Report relating to offence of rape.

4.

Mr. A.M. Haq, Advocate (appointed) has appeared suo motu for the victim and filed application seeking permission to withdraw her consent and liberty to take steps to initiate action for directing Police to carry further investigation.

5.

Since a withdrawal of this application is prayed, nothing remain on part of the victim to withdraw her consent for settlement. So far as the victim's prayer for seeking direction to carry investigation is concerned, she is at liberty to take necessary steps in accordance with law.

2 13apl796.23 6.

Since application is sought to be withdrawn, we find no reason to keep it pending. In this scenario, application stands disposed of since withdrawn. 7.

The applicants are at liberty to seek quashing FIR on merits, if advised so.

( VALMIKI SA MENEZES , J.) (VINAY JOSHI, J.) Gohane JITENDRA BHARAT GOHANE 28.06.2023 15:29