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Bombay High CourtAPPLN/2332/2024disposed off

Vikram Kondiba Momin v. The State Of Maharashtra And Another

2024-07-03Hon'Ble Smt. Justice Vibha Kankanwadi , Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

10-crappln2332.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2332 OF 2024 Vikram Kondiba Momin

VERSUS

The State Of Maharashtra And Another ---- Mr.A.R.Gaikwad, Advocate for applicant Mrs.V.N.Patil Jadhav, APP for respondent State Mr.A.L.Kanade, Advocate for respondent no.2 ----

CORAM

:

R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE :

JULY 03, 2024 ORDER :- This is an application for quashment of the FIR, being Crime No.412 of 2023, registered with Shivaji Nagar Police Station, Dist. Beed, for the offences punishable under Sections 354 and 324-D of Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, so also the Special Case No.184 of 2024, pending before Learned Addl. Sessions Judge, Beed.

02.

Learned counsel for the applicant submits that a false case has been registered due to a family dispute. The applicant is the maternal uncle of the victim. He submits that the alleged incident is dated 04.03.2023 and the report is lodged on 01.08.2023, which is sufficient to show the false implication.

10-crappln2332.2024 03.

Copies of affidavit filed by the victim's mother in the bail application, has been placed on record, in which it is stated that the crime was registered due to misunderstanding. 04.

In view of the above, issue notice to the respondents, returnable on 18.07.2024. Learned APP waives notice for respondent no.1 and Mr.A.L.Kanade, learned counsel, waives notice for respondent no.2.

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP