1 APL 7.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO. 7 OF 2011 Mr. Kishore Dinkar Tayade & Ors. ... Applicants. V/s. The State of Maharashtra & Anr. ... Respondents. Mr. Ajay Varma i/b. H.E. Palwe for the Applicants. Mr. J.P. Kharge, APP for the Respondents. CORAM : A.R. JOSHI, J. DATED : 18th APRIL 2011. P.C. :- As per earlier directions, one Smt. Manisha Tanaji Khelukar, aged about 28 years is present in the Court and stated that she is residing with the present Applicant No.1 by her own will and wish and that nobody had compelled her to live with Applicant No.1. She further stated that she had love affair with Applicant No.1 and there was no compulsion on her by any of the Applicants. She had further stated this factual position in her affidavit dated 14th December 2010 which is filed at pages 15 to 17 annexed to the present Petition for quashing and setting aside the charge-sheet bearing No.281 of 2010 dated 28th September 2010. Said charge-sheet was filed after investigation in the matter of C.R.No. I 689/09 registered at Nasik Road Police Station for the offences punishable u/s. 363, 366 r/w. Section 34 of I.P.C. 2 APL 7.11.sxw 2. Considering the age of the girl Manisha, Section 363 cannot be attracted. Considering the submission of the girl and contents of her affidavit dated 14th December 2010, even prima-facie, Section 366 will also not be applicable. 3. In the result, in the opinion of this Court, the present matter can be put to an end when the girl herself mentions that by her free will and wish she is staying with the present Applicant No.1 and she is major by age to take her own decision. 4. Under the circumstances, the present Petition is allowed after hearing rival submissions for some time. The proceeding bearing Case No.281 of 2010 arising out of C.R.No. I 689/09 of Nasik Road Police Station is quashed and set aside. With these directions, the present application is disposed of. (A.R. JOSHI, J.)