Rohit Bhojraj Patil v. State Of Maharashtra Thr Its Police Station Officer Nandgaon Peth Amravati

2025:BHC-NAG:5037-DB 913-apl583.25.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) No.583 OF 2025 (Rohit s/o. Bhojraj Patil Vs. The State of Maharashtra, through PSO, P.S. Nandgaon Peth, Distt. Amravati and another) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. G.R. Bhake, Advocate for Applicant.

Ms. Mayuri Deshmukh, APP for Non-applicant No.1. CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ. DATE : 2 nd MAY, 2025.

1.

Issue notice to the non-applicants, returnable forthwith.

2.

This is an application filed under Section 482 of the Criminal Procedure Code raising a challenge to the F.I.R. No.366/2024, registered with Police Station Nandgaon Peth, District Amravati City for the offence punishable under Sections 376 and 506 of the Indian Penal Code. Today, the victim is personally present before the Court and she has been identified by the learned Additional Public Prosecutor after verification of her Aadhar Card. The non-applicant No.2/victim makes a statement that she does not want to proceed further in the criminal case against the applicant.

3.

On perusal of record we find that the victim is married and there was a love affair of her with the applicant prior to her marriage. It is thus evident that there was a consensual relations and, therefore, even if the settlement does not taken into consideration, no offence constitute against the

913-apl583.25.odt 2/2 applicant under Section 376 of the Indian Penal Code. 4.

In the circumstances, as there was settlement between the parties, no purpose would be served even if the trial is conducted. In that view of the matter, we are of the opinion that the settlement is accepted and the matter is disposed of. Accordingly, we pass following order :

O R D E R

(i) The application is allowed.

(ii) The First Information Report No.366/2024, registered with Police Station Nandgaon Peth, District Amravati City for the offence punishable under Sections 376 and 506 of the Indian Penal Code is hereby quashed and set aside.

(iii) The application is disposed of.

(PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 09/05/2025 16:35:07