Manik Kallappa Chavan v. The State Of Maharashtra And ANR.

rsk 1/2 33-WP-3190-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3190 OF 2019 Manik Kallappa Chavan

...Petitioner

vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr. Ujwal R. Agandsurve for the Petitioner.

Smt. S. D. Shinde, APP for the Respondent/State. ---- CORAM : B. P. DHARMADHIKARI & N.R. BORKAR , JJ.

DATE : 05/12/2019.

P.C.:

.

Petitioner who is one of the co-accused has approached this Court for quashing of charge-sheet under section 363, 366(A), 376 read with 34 of IPC and under sections 4, 5(l), 8, 12 and 18 of POCSO Act. 2.

We have perused the statement of victim recorded on 9/1/2019 and her statement under section 164 of Cr.P.C. recorded on 19/1/2019.

3.

Effort of the petitioner is to urge that because of earlier dispute which resulted into an FIR under sections 324, 323, 504, 506 and 34 of IPC on 6/1/2019, the applicant has been falsely implicated. 4.

The parties also claim that they have amicably settled the matter. Insofar as the present applicant is concerned, applicant/petitioner

rsk 2/2 33-WP-3190-19.doc states that he is a distant relative of complainant and minor victim. 5.

Complainant has given affidavit before this Court today where she states that community members have asked her to settle the matter amicably, therefore she has given consent.

6.

Considering the nature of controversy and the fact that a minor is also involved in the matter we are not willing to intervene in extra ordinary jurisdiction. The petition is rejected. (N. R. BORKAR, J.) (B. P. DHARMADHIKARI, J.)