0708CRI.WP202.17-Judgment 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 202 OF 2017
PETITIONER :- Sarita Mahipalsingh Tapaha, Aged about 30
years, Occ: Service, R/o Ganesh Nagar,
Tukumb, Chandrapur.
...VERSUS...
RESPONDENT :- State of Maharashtra, Through Police
Station Officer, Police Station Ramnagar,
Chandrapur, Tahsil and District :
Chandrapur.
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Mr.V.R.Thote, counsel for the petitioner.
Mr. A.M.Deshpande, Addl.Public Prosecutor for the respondent.
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CORAM : SMT. VASANTI A NAIK &
M. G. GIRATKAR
, JJ.
DATED : 07.08.2017 O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.) Rule. Rule made returnable forthwith. The criminal writ petition is heard finally with the consent of the parties.
2. By this writ petition, the petitioner seeks the quashing of the First Information Report No.97 of 2016, registered in the Police Station Ramnagar, Chandrapur against Yogesh Ramchandra ::: Uploaded on - 08/08/2017 ::: Downloaded on - 09/08/2017 02:25:40 ::: 0708CRI.WP202.17-Judgment 2/4 Chandanshiv for the offences punishable under sections 276 (2)(j), 417 and 506 of the Penal Code.
3. According to the petitioner, the petitioner and Yogesh had an affair when they were prosecuting their studies for appearing at the examination, conducted by the Maharashtra Public Service Commission and at the relevant time, they studied together at K. Sagar Library, Pune. It is stated by the petitioner that the petitioner was on friendly terms with Yogesh and both of them were courting each other for a long time with an intention to marry. According to the petitioner, there was physical relationship between the parties during the courting. It is stated that since Yogesh backed out from his promise of marriage, the petitioner, with a view to pressurize Yogesh filed a report against Yogesh for the offences punishable under sections 376, 417 and 506 of the Penal Code in a fit of anger. It is stated that the trial has commenced against Yogesh. It is stated that the petitioner is happily married to Kunal Rode and the necessary documents in support of the marriage with Kunal Rode are placed on record. According to the petitioner, the petitioner has conceived and in the circumstances of the case, since the petitioner's husband also does not like that the petitioner should have some involvement in the criminal trial that is pending against Yogesh, the petitioner has filed this writ petition. It is stated that ::: Uploaded on - 08/08/2017 ::: Downloaded on - 09/08/2017 02:25:40 ::: 0708CRI.WP202.17-Judgment 3/4 in the circumstances of the case, with a view to secure the ends of justice, it would be necessary to quash First Information Report No.97 of 2016, lodged against Yogesh for the offences punishable under sections 376(2)(j), 417 and 506 of the Penal Code, registered at Police Station Ramnagar, Chandrapur.
4. The learned Additional Public Prosecutor states that the offence registered against Yogesh is a serious offence and in the circumstances of the case, merely because the petitioner is married to Kunal Rode, it would not be proper to quash the first information report. The learned Additional Public Prosecutor sought for the dismissal of the writ petition.
5. We have perused the documents annexed to the writ petition, specially the marriage invitation card and the photographs showing that the petitioner is married to Kunal Rode. It appears that the petitioner has conceived and in this background, the petitioner is not willing to prosecute the matter against Yogesh. At the relevant time, since Yogesh had backed out from his promise, the petitioner has filed the first information report against Yogesh in a fit of anger. We find that the petitioner is now remorseful and sorry for having filed the first information report against Yogesh. In the peculiar circumstances of the ::: Uploaded on - 08/08/2017 ::: Downloaded on - 09/08/2017 02:25:40 ::: 0708CRI.WP202.17-Judgment 4/4 case, it would be necessary to quash the first information report, specially when the trial cannot result in the conviction of Yogesh, as the petitioner is not ready to prosecute the matter against him. We find that the physical relationship between the petitioner and Yogesh could be consensual and as a result of the intimacy between them. In the peculiar facts and circumstances of the case, by relying on the judgment, reported in (2012) 10 SCC 303 (Gian Singh v. State of Punjab), it would be necessary to quash the first information report and allow the writ petition, with a view to secure the ends of justice.
6. Hence, for the reasons aforesaid, the writ petition is allowed. In the peculiar facts and circumstances of the case, we quash the First Information Report No.97 of 2016 registered at Police Station Ramnagar, Chandrapur for the offences punishable under sections 376(2)(j), 417 and 506 of the Penal Code as also the charge-sheet and the proceedings in the Sessions Trial No.18 of 2017. Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
KHUNTE
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