SATISH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Advocate for the appellant and learned Addl.P.P. for the respondent No.1/State.

(2.) The appellant is arrested on 16th October, 2019 in connection with Crime No.448/2019 registered with the respondent No.1-Police Station, Dharni for the offences punishable under Sections 377 and 506 of the Indian Penal Code and Sections 4 & 6 of the Protection of Children from Sexual Offences Act and Section 3(ii)(v) (a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989. The crime is registered on the report lodged by the respondent No.2 (aged about 15 years). The appellant had filed an application before the Sessions Court praying for directions to the respondent No.1-State to release him on bail. The application was dismissed by the Sessions Court. This order passed by the Sessions Court dismissing the application filed by the accused for grant of bail was challenged by the appellant-accused before this Court in Criminal Appeal No.135/2020 which was dismissed on 5th June, 2020.

(3.) According to the appellant, after dismissal of Criminal Appeal No.135/2020, there is some settlement between the appellant and mother of the respondent No.2-victim and accordingly the mother of the respondent No.2-victim has given statement before the Investigating Agency that the report is lodged against the appellant due to some misunderstanding. Criminal Application (APL) No.609/2020 was filed by the appellant and the respondent No.2-victim through his mother under Section 482 of the Code of Criminal Procedure praying that the prosecution and the First Information Report against the appellant be quashed. By the order dated 8 th October, 2020, the Co-ordinate Bench of this Court dismissed Criminal Application (APL) No.609/2020 as withdrawn. While permitting withdrawal of Criminal Application (APL)No.609/2020, this Court recorded that stamp of approval cannot be given to such compromise as stated by the accused and victim.