Kum. Chhaya Gajanan Rathod, Minor Thr. Her Mother Smt. Lalita Gajanan Rathod v. State Of Maharashtra, Through P.S.O. P.S. Manora, Washim

2711apl702.15.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.702 OF 2015 (Kum. Chhaya Gajanan Rathor Vs. The 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri L. A. Mohta, Advocate for the applicant. A.P.P. for the State.

CORAM : B. P. DHARMADHIKARI AND V. M. DESHPANDE, JJ.

DATED : 27 NOVEMBER, 2015 A minor alleged to have committed an offence punishable under Section 377 of the Indian Penal Code & its cognizance has been taken. Said minor through mother is now before the Court submitting that false complaint was made on account of political rivalry and the matter is amicably settled between the parties.

In the light of judgment of Hon'ble Apex Court in the case of Narendra Singh & others Vs. State of Punjab & another, reported in 2014 ALL MR (Cri) 1886 , it is apparent that this Court cannot record any compromise and permit compounding in such circumstances. Shri Mohta, learned Counsel for the applicant has relied upon the judgment delivered by this Court (Shri V. M. Deshpande, J.) reported at 2015 ALL MR (Cri) 3555 (Shivaji Rajaram Wattre & othersw Vs. The State of Maharashtra & others).

The facts therein show that offences looked into and allowed to be compounded were under Sections 468, 471, 167, 506 read with Section 34 of the Indian Penal Code.

We, therefore accept the contention of learned A.P.P. that serious cognizance of such an offer needs to be taken. However, in the present matter, we dismiss the criminal application.

Criminal application is dismissed. No costs. JUDGE JUDGE wwl