Chandar Manohar Meghani v. The State Of Maharashtra Through Pso Manakapur Nagpur And Another

2024:BHC-NAG:7918-DB 12.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.995 OF 2024 CHANDAR MANOHAR MEGHANI VS THE STATE OF MAHARASHTRA THROUGH PSO MANAKAPUR NAGPUR AND ANOTHER ______________________________________________________________________________________________________________________________ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. RH. Rawlani, Advocate for the applicant/s Mr. Anup Badar, APP for the non-applicant/State Mr. Samyak, Advocate h/f Mr. P.M. Ukey, Advocate for the non-applicant No.2

CORAM

: SMT. VIBHA KANKANWADI & MRS. VRUSHALI V. JOSHI, JJ.

DATE : 24.07.2024.

1.

Heard the learned Advocate for the applicant. The applicant is facing trial before the learned Additional Sessions Judge-10, Nagpur in Sessions Case No.266 of 2021 for the offences punishable under Section 376(2)(n) and 417 of the IPC. The said FIR vide C.R. No.10/2021 on the basis of which the said case is now registered, was at the behest of the non-applicant No.2.

2.

The non-applicant No.2 suo motu appeared in the matter through Advocate and filed reply. It is stated that she is willing to withdraw the allegations made against the applicant. It is also stated that they have entered into a compromise deed. The compromise deed is also produced on record.

nd.thawre

12.odt 3.

It shows that the matter is amicably settled between them and the non-applicant No.2 is willing to withdraw the allegations. The important point to be noted is that she has not stated that the relation was consensual in nature. On the basis of such compromise we are of the opinion that the powers under Section 482 of the CrPC cannot be exercised. 4.

Thereafter, we have heard the learned Advocate for the applicant.

5.

Even on merits, after disinclination is shown to grant any relief, the learned Advocate for the applicant, upon instructions, seeks withdrawal of the application. 6.

In view of such submission, the application stands disposed of as withdrawn.

[MRS. VRUSHALI V. JOSHI, J] [SMT. VIBHA KANKANWADI, J] nd.thawre