Shashikant S/O. Devmaan Patil v. State Of Mah. Thr. Pso, Ps Midc, Nagpur And Another.

32-apl-1278-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APL) No. 1278 of 2023 Shashikant S/o Devmaan Patil

Versus

State of Maharashtra through Police Station Officer, Police Station MIDC, 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 Shri J.M.Gandhi, Advocate for the applicant.

Ms. H.N.Prabhu, APP for the non-applicant/State. Shri K.J.Rawandhe, Advocate for the non-applicant no.2. CORAM : ANIL S. KILOR & PRAVIN S. PATIL, JJ.

DATED : 9th JUNE, 2025.

Today, non-applicant no.2/victim filed an affidavit stating that after the alleged incident, she has got married and has been living happily. She further stated that considering her future, she does not want to proceed further with the present matter to prosecute the applicant. The affidavit is accepted and taken on record. 2.

Even otherwise, after going through the contents of the First Information Report, prima facie it appears that there was a consensual relations between the applicant and non-applicant no.2. SKNair

32-apl-1278-23.odt 3.

In that view of the matter and considering the affidavit of the non-applicant no.2, even if the trial is conducted no fruitful purpose can be achieved and in that event the whole exercise would be futile.

4.

Accordingly, the application is allowed in terms of prayer clause (i-a).

[PRAVIN S. PATIL, J.] [ANIL S. KILOR, J.] SKNair