Bombay High Court
Pushpa Bhagirath Gujare And ... vs State Of Maharashtra, Thr. P.S.O. ... on 21 June, 2016
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.249 OF 2016
1. Pushpa Bhagirath Gujare,
Aged 42 years, Occ. Teacher,
r/o. Uday Colony, Chandur Bazar,
Tq. Chandur Bazar, Distt.
Amravati.
2. Jamil Ahmed Sk. Rahim,
Aged 50 years, Occ. Teacher,
r/o. Pimpalpura, Chandur Bazar,
Tq.Chandur Bazar, Distt.
Amravati. .......... APPLICANTS
// VERSUS //
State of Maharashtra,
through Police Station Officer,
Police Station, Chandur Bazar,
District Amravati. .......... RESPONDENT
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Mr.S.S.Dhengale, Adv. for the Applicants.
Mrs.M.N.Hiwase, A.P.P. for the Respondent/State.
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CORAM : B.R.GAVAI &
V.M.DESHPANDE, JJ.
DATE : 21.6.2016.
ORAL JUDGMENT (Per B.R.Gavai, J) :
1. Rule. Rule made returnable forthwith. Heard by
consent.
2. The applicants have filed the present joint application
for quashing and setting aside Final Report No.44 of 2016,
and consequential Criminal Case No.89 of 2016 pending
before the learned Judicial Magistrate, First Class, Chandur
Bazar, District Amravati for the offence punishable under
Section 354-A(2) and (3) of the Indian Penal Code.
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3. The proceedings in question came to be initiated on
the basis of complaint made by applicant no.1, who is
working as a Peon in the Tax Department, Municipal
Council, Chandur Bazar, stating therein that applicant no.2,
who was working as a teacher in the School run by the said
Municipal Council, used to come to her Office since last one
year and used to demand sexual favours from her.
4.
Last of the incidents is alleged to have taken place on
23.9.2014 at 10.30 a.m.
5. Both the applicants are presently present in the Court.
The applicants state that both are having their families and
both are working in the Municipal Council. It is stated that
the First Information Report came to be registered at the
instance of applicant no.1 on account of misunderstanding.
It is submitted that, if the matter is permitted to go for trial,
it would cause undue harassment to both the applicants.
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6. Taking into consideration the fact that both the
applicants are working in the Municipal Council and a
specific statement is made before the Court by applicant
no.1 that the First Information Report came to be registered
by her out of misunderstanding, we find that the present
case is a fit case for giving an end to the criminal litigation.
We find that since applicant no.1 herself does not wish to
prosecute, there is no remotest possibility of the matter
being ending in conviction.
7. In that view of the matter, if the trial is permitted to
go ahead, it will be nothing but an exercise in futility. We,
therefore, find that it would be in the interest of justice to
end the criminal litigation between the parties.
Rule is, therefore, made absolute in terms of prayer
clause (i) of the instant Criminal Application.
JUDGE JUDGE
jaiswal
