Ku Payal D/O Tukaram Neti @ Payal W/O Pradum Pache v. State Of Mah., Thr. Pso Ps Mankapur Dist Nagpur

1309apl707.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 707 OF 2019 (Ku. Payal d/o Tukaram Neti @ Payal w/o Pradum Pache & Anr. vs. The State of Maharashtra thr. PSO, PS, Mankapur, District - Nagpur) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri C.F. Bhagwani, Advocate for the applicants. Shri C.A. Lokhande, APP for the non-applicant. .....

CORAM : P.N. DESHMUKH & PUSHPA V. GANEDIWALA,JJ.

SEPTEMBER 13, 2019.

Heard Shri C.F. Bhagwani, learned counsel for the applicants and Shri C.A. Lokhande, APP for the non-applicant.

This is a joint application filed for quashing of First Information Report No. 151 of 2019 for the offence punishable under Sections 376, 376(2)(n) and 506 of the Indian Penal Code registered at Police Station Mankapur, Nagpur, District - Nagpur.

Both the applicants are present before the Court. The impugned First Information Report is seems to have been registered at the instance of applicant No. 1 - Payal against applicant No. 2 - Pradum. The allegations in the impugned FIR are about friendship between them which turned into

1309apl707.19 love affair and, thereafter physical relations on the pretext of marriage.

The age of applicant No. 1 admittedly at the relevant time was more than 18 years. She states that she lodged FIR out of misunderstanding and under the heat of anger. Now both the applicants state that they have married with each other and staying together since June 2019. Applicant No. 1, therefore, does not want to proceed further in the matter.

In this view of the matter, we do not find any reason to reject this application. Hence, we pass the following order :

Criminal Application is allowed.

Applicants to jointly and severally pay costs of Rs.5,000/- (Rs. Five thousand only) to the Registrar of this Court, which amount shall thereafter be paid to the High Court Bar Association, Nagpur.

JUDGE JUDGE *GS.