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2015 DIGILAW 762 (BOM)

Deepak v. State of Maharashtra

2015-03-18

A.B.CHAUDHARI, P.N.DESHMUKH

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JUDGMENT A.B. Chaudhari, J. 1. Leave to amend. Rule. Rule is made returnable forthwith. Learned Additional Public Prosecutor waives service on behalf of respondent sole. By consent of rival parties, this Criminal Application is taken up for final hearing and disposed of by this Judgment and Order. This is a joint application made by the Applicant Nos. 1 to 4. The Applicant No. 1 is the accused in respect of offences under Sections 363, 366 and 376, Indian Penal Code, in FIR No. 82/2011 and Chargesheet No. 83/2013. All the applicants are present before this Court. 2. We have interviewed Applicant No. 3 - Jaya Bajirao Raut [now Sau. Jaya Deepak Panzade]. She states that after the incident in question, she has been residing with the Applicant No. 1 and has two children out of wedlock that took place post-incident, in respect of which offences have been registered and charge-sheet is filed. She states that she is residing with her husband at Pune who is working in security services and she is having a happy matrimonial or married life with him. She further states that the Applicant No. 1 is maintaining her, so also her children well and she does not apprehend anything adverse to her interest so also the children. Her mother is also present in the Court and all the applicants have been identified by Adv. Mr. Gandhi for the Applicants. 3. We have perused the FIR as well as the charge-sheet. 4. Undoubtedly, the offences are registered under Sections 363, 366 and 376 of Indian Penal Code. However, post-registration of the offences, the Applicant No. 1 has married Applicant No. 3 and is having a happy married life and the Applicant No. 1 is also earning by working. We, therefore, think that in the peculiar facts and circumstances of the present case, when the applicant No. 1 has married Applicant No. 3 and there are two small children who are being looked after and taken care, it would be appropriate to exercise power under Section 482, Criminal Procedure Code; lest the FIR as well as the charge-sheet would obstruct matrimonial life of applicant Nos. 1 and 3. 5. 1 and 3. 5. Counsel for the Applicants submits that the Applicant No. 1 would file an affidavit in the course of the day that he would treat the Applicant No. 3 and her children with all care and shall not harass or trouble them in any manner. He also states that in case Applicant No. 1 takes adverse position, he would be ready to face trial in respect of offences in question. 6. In view of the above, we make the following order:-- ORDER "[a] Criminal Application No. 39 of 2015 is allowed. [b] Rule is made absolute in terms of Prayer Clause [A]. [c] Applicant No. 1 shall file an affidavit in the course of the day in the manner indicated above." 7. This order is restricted to the present case only, and shall not be utilized as a precedent.