1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.4300 OF 2008 Ms Sonam Madhav Waichal ...Applicant vs State of Maharashtra ...Respondent Mr.N.V.Gangal for the applicant Mr.B.R.Patil for respondent no.2 Mr.Y.M.Nakhawa, A.P.P for State CORAM :A.S.OKA,J. DATE : JUNE 26, 2009 P.C. 1 Rule. Learned A.P.P waives service for State. The learned counsel for the second respondent waives service. 2 The second respondent lodged F.I.R on 8 th July 2008 alleging that one Mr.Yogesh Ramchandra Baldawa committed an offence under section 366 (A) of the Indian Penal Code and the applicant is the victim of the offence. The applicant is the daughter of the second respondent. The allegation of the second respondent in F.I.R is that her family and the family of the accused reside in the same apartments and therefore, the applicant and the accused were known to each other. The allegation in the F.I.R was that the applicant was a minor on the date of offence i.e. 6 th July 2008. The accused seduced her by giving a promise to marry with her. The allegation is that by seducing the applicant the accused ran away with her. 3 The present application has been filed by the alleged victim of the offence. In the application she has stated that she had a love affair with the accused but due to difference in their casts, her parents were opposing her marriage with the accused. It is alleged that her parents were keen on the applicant getting 2 married to a boy of their caste at Mumbai and that is why she was constrained to leave her parental house on her own volition. She has disclosed her date of birth as 25 th October 1990 which is reflected from the certificate issued by the authorities of the school in which she has taken education. The learned counsel for the applicant stated that the applicant solemnised marriage with the accused on 10 th January 2009. 4 The applicant who is the victim of the alleged offence has approached this court by invoking power of this court under section 482 of the Code of Criminal Procedure,1973 for quashing the proceedings. The second respondent (first informant) who is the mother of the applicant has filed an affidavit which is taken on record and marked `X for identification. In the said affidavit it is stated that the applicant is happily cohabiting with the accused Yogesh. She has stated that due to misunderstanding, F.I.R was lodged by her. The Advocate for the second respondent has also tendered an affidavit of the father of the applicant which is taken on record and marked `Y for identification. Similar statements have been made in the said affidavit by the father of the applicant. The learned A.P.P on instructions of the Investigating Officer states that the said Officer on verification found that the statement regarding marriage of the applicant with the accused to be correct. 5 There is no dispute about the date of birth of the applicant. She has attained majority on 25 th October 2008. After attaining majority, the present application has been filed by her. Today, it is an admitted position that the applicant has been happily married with the accused. The said fact has been confirmed by the parents of the applicant by filing an affidavit. It is stated 3 by the learned counsel for the second respondent that the second respondent is personally present in the court and has reiterated what is stated in her affidavit. 5 When the offence was allegedly committed, the age of the applicant was about 17 years and 9 months. Considering the fact that the applicant is now happily married with the accused and the considering the affidavits of the parents, now no purpose will be served by continuing the prosecution. If prosecution is continued, it will cause undue harassment both to the applicant and her parents and to the accused. Considering these peculiar circumstances, the power under section 482 of the Code of Criminal Procedure,1973 will have to be exercised. 6 Hence, I pass the following order : i) Rule is made absolute in terms of prayer clause (b). JUDGE