Dhammapal S/O. Arun Ukey v. State Of Mah. Thr. Ps M.I.D.C. Dist. Nagpur And Another.

904 APPP-1088-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPP) NO.1088 OF 2023 [Dhammapal S/o Arun Ukey ..V/s.. State of Maharashtra and Anr.] ___________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr V. S. Mishra, Advocate for Applicant.

Mr N. R. Rode, APP for Non-Applicant/State.

Mr D. M. Verma, Advocate for Non-Applicant No.2. CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATE : 11 th AUGUST, 3 .

.

Heard.

2.

This is an application seeking amendment on account of subsequent event of filing of charge-sheet.

3.

The criminal application is allowed and disposed of. Necessary amendment be carried out forthwith. CRIMINAL APPLICATION (APL) NO.528 OF 2023.

4.

This is an application seeking to quash the First Information Report (FIR) along with charge-sheet relating to Crime No.129 of 2023, registered with M.I.D.C. Police Station, District Nagpur, for the offences punishable under Sections 376(2)(n), 376(3), 313, 417, 323 and 506 of the Indian Penal Code, 1860 and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, on merit as well as on account of settlement.

5.

The non-applicant No.2 has appeared suo motu through her Advocate Mr D. M. Verma and filed her affidavit-cum-reply stating about the settlement and her no objection for quashing TAMBE

904 APPP-1088-2023 the FIR. The informant girl aged 23 years is present before us, who has identified by her Advocate Mr Verma. On our query, the informant stated about the settlement and her non inclination to go on with the prosecution.

6.

Issue notice to the non-applicants. Mr Rode, learned APP waives notice for non-applicant/State and Mr D. M. Verma, waives notice for non-applicant No.2.

7.

Learned APP seeks time to make submissions.

8.

Stand over after two weeks.

(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.) ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE