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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION [APL] NO.144 OF 2022

Juhi Vijay Ahuja & others

– Applicants

vs.

State of Maharashtra, through

Police Station Officer, P.S. Khadan,

Akola, Tah. & Distt. Akola

– Non-Applicant

Mr. G.I. Dipwani h/f Ms. K. Ananadani, Advocate for Applicants.

Mrs. M.H. Deshmukh, A.P.P. for Non-Applicant/State.

CORAM : NITIN JAMDAR &

ANIL L. PANSARE JJ.

DATE

: 24 FEBRUARY 2022

Request is made on behalf of the learned Counsel for

the Applicants for adjournment. The application had come up

earlier and was kept today.

02]

The application is filed jointly by the Complainant and

the Accused named in the F.I.R. The F.I.R. is lodged under

Sections 354, 354-A, 354-D, 420, 506 read with Section 34 of the

Indian Penal Code and Section 8 of the Protection of Children from

Sexual Offences Act (POCSO). A cognizable offence, which is

against the Society, can be quashed by consent of the Complainant

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only after the Court permits so that too in limited circumstances.

Therefore, unless and until the Court so permits, there cannot be

any agreement in the eyes of law to enable one Advocate to

represent both the Complainant and the Accused. Such procedure

is unknown to law and is against the public policy. Till the offence

is quashed, the Accused and the Complainant remain two different

parties and, therefore, it is not appropriate for one Advocate to

represent both. The application for quashing the proceedings, even

assuming there is a consent of the Complainant, will have to be filed

by making the Complainant as party-respondent and following the

further procedure.

03]

The Registry shall take note of this order and take

follow up action.

04]

On merits, it remains to consider whether the offences

in these applications be quashed by compromise, however, that

aspect will be considered when a proper application is filed

05]

The application is accordingly disposed of.

[ANIL L. PANSARE, J.] [NITIN JAMDAR, J.]

Sandesh

Signed by:SANDESH DAULATRAO

WAGHMARE

Private Secretary to the Hon'ble Judge

Signing Date:25.02.2022 17:58