Allowed

Sunil S/O. Ambadas Tambe v. the State of Maharashtra and Anr.

Bombay HC5 Nov 2019APPLN/2917/2019

Case brief

AI extract

What is this about?

This criminal application sought quashing of criminal proceedings for sexual offences and other charges. The court allowed the application in view of the settlement between parties and continuing cohabitation reported in the compromise documents.

What did the court decide?

Criminal Application allowed. Leave granted in terms of prayer clause 'B'. Rule made absolute.

Sunil S/O. Ambadas Tambe Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2019)

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( 1 ) criappln2917.19.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 2917 OF 2019

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Sunil S/o. Ambadas Tambe Age : 33 years, Occ. Agri., R/o. Ghodegaon, Tq. Newasa, Dist. Ahmedangar. … Applicant (Orig. Accused)

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VERSUS

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The State of Maharashtra Through Investigation Officer, Sonai Police Station, Tq. Newasa, Dist. Ahmednagar.

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Manisha D/o. Devidas Kale, Age : 23 years, Occ – Household R/o. Shingave Tukai, Tq. Newasa, Dist. Ahmednagar At present R/o. Ghodegaon, Tq. Newasa, Dist. Ahmednagar. … Respondents (Ori. Complainant)

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Mr. Narayan B. Narwade, Advocate for the applicant Mr. D. R. Kale, APP for the respondent/State Mr. S. R. Zambare, Advocate for respondent No. 2.

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CORAM : T. V. NALAWADE & S.M. GAVHANE, JJ. DATED : 05-11-2019

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ORAL JUDGMENT (PER T. V. NALAWADE, J.):-

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Rule. Rule made returnable forthwith. Heard finally by

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consent of parties for final disposal.

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( 2 ) criappln2917.19.odt

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The present proceeding is filed for relief quashing of the proceeding of R.C.C. No. 211/2019 pending before court of J.M.F.C., Newasa. The charges are levelled against applicant for offences punishable under Sections 366, 376(1), 326, 323, 506, 201 of the Indian Penal Code and under Section 3/25 of Arms Act.

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During argument learned counsels of both the applicant and the informant submitted that parties have settled the dispute. This Court has gone through the allegations made by the informant against the applicant. To avoid the further harm to writ petition this Court is avoiding the mentioned specific allegations made in the FIR. In compromise documents, it is contended that the informant has returned to the present applicant and at present they are living together. In view of the circumstances and nature of the allegations, which are mentioned in FIR, it is a case that the relief be granted. Criminal application is allowed. Leave is granted in terms of prayer clause “B”. Rule made absolute in those terms.

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[S.M. GAVHANE, J.]

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ssp/Nov.19/criappln2917.19.odt

Sunil S/O. Ambadas Tambe v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Sunil S/O. Ambadas Tambe v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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