ABHILASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of the parties. The applicant has approached this Court for quashing First Information Report (FIR) No. 114/2013 dated 04.05.2013 registered with Police Station, Hudkeshwar, Nagpur for an offence punishable under section 380 of the Indian Penal Code. It is submitted that the original complainant-non applicant No. 2 is father of the present applicant-accused and he does not want to prosecute the complaint.

(2.) Looking to the facts of the present case, we are of the view that the matter can be disposed of in view the judgment of the Hon'ble Supreme Court in Gian Singh v. State of Punjab, 2012 10 SCC 303The continuation of the prosecution will not serve any purpose in view of the fact that the applicant and non applicant 2 are son and father and the non applicant No. 2-father does not want to prosecute the complaint. However, the police machinery was required to investigate into the matter pursuant to the complaint made by non applicant No. 2. Therefore, we are of the view that the applicant should pay costs of Rs. 5000/- to be deposited in the account of Commissioner of Police, Nagpur within a period of four weeks from today and receipt of the same be submitted to the office of Government Pleader within the stipulated time.