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Bombay High CourtAPL/54/2020rule absolute

Akash Rajendra Mane v. The State Of Maharashtra And ANR

2020-02-24Hon'Ble Shri Justice N. R. Borkar,Hon'Ble Shri Justice B.P. Dharmadhikari3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 54 OF 2020 Akash Rajendra Mane ...Applicant.

Vs.

The State of Maharashtra and Anr.

...Respondents

AND CRIMINAL APPLICATION NO. 53 OF 2020 Abhishek Rajendra Mane and Ors.

... Applicants.

V/s.

The State of Maharashtra and Anr.

... Respondents.

---- Mr. Kuldeep Nikam for the applicant in both the applications. Mr. Sarwadnya Kadtane for respondent No.2 in both the applications. Dr. F.R.Shaikh, APP for the State.

---- CORAM : B. P. DHARMADHIKARI & N.R.BORKAR, JJ.

DATE : 24TH FEBRUARY, 2020.

P.C.:

Parties are present with their respective Advocates. 2.

Respondent No.3 in Criminal Application No.54 of 2020 is the informant/mother. Respondent No.2 therein is her daughter.

2/3 Applicant/accused is alleged to have committed offence under Section 354-D, 354 of Indian Penal Code and Section 12 of Protection of Children from Sexual Offence Act, 2012. The respondent No.2, then minor, claimed that applicant had held her hand. 3.

The three applicants in APL No. 53 of 2020 are friends of applicant in APL No.54 of 2020. Two days after FIR, respondent No.3 filed another FIR against these three friends alleging that these three friends have provoked applicant to commit the offence. 4.

Respondent No.2, daughter, is married with applicant in APL No. 54 of 2020 on 27th November, 2019. She has accordingly, given a separate affidavit. Her Aadhar Card shows that she is born in 2001. 5.

Respondent No.3, mother, has stated that that in this situation, she has accepted the marriage of her daughter and also her son-in-law. She, therefore, does not want to prosecute these criminal cases further.

6.

Learned APP, upon instructions from the Investigating Officer, states that parties do not have any criminal background.

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In this situation, accepting the joint request, we make rule absolute in terms of prayer clause (a) in both the petitions. (N.R.BORKAR, J.) (B. P. DHARMADHIKARI, J.)