Bhavesh Keshav Mhatre And Ors vs The State Of Maharashtra And Ors
2016 Latest Caselaw 6319 Bom

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    ssp

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                        
                       CRIMINAL APPELATE JURISDICTION
                         WRIT PETITION NO.3534 OF 2016
                     




                                                
       1 Bhavesh Keshav Mhatre
       2 Deepak Parshuram Kadam 
       3 Vrushabh Maruti Londhe @ Bhayya




                                               
       4 Sairaj Nagesh Gore
       5 Atish Ashok Bhanusaghare                        ...Petitioners  
       vs.
       1 State of Maharashtra 
       (at the instance of Badlapur




                                     
       East Police Station,Dist.Thane)
       2 Shatatarka Dattatray Bhadakwad
                              
       3 Smt.Kalpana Dattatraya Bhadakwad
       4 Manish Pramod Wani                              ...Respondents
                             
       Mr.Viresh Purwant for the Petitioners 
       Ms S.V.Sonawane, APP for the respondent No.1
       Mr.Sachin Deokar for respondent Nos.2 and 3. 
      


                     CORAM : A.S.OKA, &
   



                             A.A.SAYED, JJ.

DATE : OCTOBER 25, 2016

ORAL JUDGMENT : (PER A.S.OKA,J.)

1 Rule. The learned APP waives service for the first respondent. The learned counsel for the second and third respondents waives service.

Forthwith taken up for final disposal.

2 The prayer in this petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure,1973 (for short Cr.P.C.) is for quashing the FIR registered for the offences under sections 354, 323, 507, 143, 147, 149 of the Indian Penal Code and section 8 of the

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Protection of Children from Sexual Offences Act,2012 (for short `the said Act of 2012'). The second

respondent is the first informant whose age on the date of lodging of the FIR was 17 years. In the

FIR she has stated that the third respondent was her friend. She has stated that she is taking education in a College at Thane in XII Standard in Science

stream. She stated that one Yash Sontakke is also her friend. She has stated that through her friend Pranali, she was introduced to the first petitioner.

According to her case, the first petitioner had an

objection to the friendship of the second respondent with the said Yash.

3 The main incident is of 25th September 2016 which took place at about 12.15 p.m. On 24th

September 2016 the said Yash had suffered a minor injury. At 12.15 p.m on 25th September 2016, the

second respondent and the third respondent came to a medical shop for buying medicines and were

proceeding towards the residence of the said Yash for giving him the medicines. She stated that after coming back from the residence of the said Yash, she received a phone call from the first petitioner.

The allegation is that the first petitioner abused her. As desired by the first petitioner, the second and third respondents came near the building where the said Yash was residing. At that time, the first petitioner along with other petitioners were present there. At that time the first petitioner and other petitioners committed objectionable act of outraging the modesty of the second respondent. They

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assaulted the third respondent.

4 The third respondent has filed an affidavit stating that after lodging of the FIR, his parents

and elderly persons felt that considering the young age of the petitioners they should not be dragged to the criminal Court. He has stated that there is a

settlement between him and the second respondent. The mother of the second respondent Mrs.Kalpana Dattatray Bhadakwad has also filed an affidavit.

She has stated that after lodging of the FIR, she

realised that as a result of the registration of the FIR her daughter and the petitioners who are her

friends will be dragged to the criminal Court. She has stated that she does not desire that her daughter and her friends visit the police station or

the criminal Court any longer. She has further stated that the respectable persons from the

locality have met the family members of the petitioners as well as her family members and

thereafter, they have decided to put an end of the controversy.

5 The petitioners have deposited a sum of

Rs.50,000/- each by separate demand drafts drawn in the name of the Registrar of this Court on 20th October 2016. The petitioners have filed separate affidavits dated 10th October 2016. They have given undertakings to do the cleaning work in the Ward No.1, Kulgaon, within the limit of Badlapur Municipal Council for two hours on every Sunday in the month of November 2016 as may be directed by the

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Ward Officer of the said Ward.

6 It appears from the statement of the second respondent recorded by the police on the basis of

which the FIR was registered that the first petitioner was very wellknown to her as they had joined same coaching class when they were in VII

Standard. As disclosed in the cause title, the petitioners are in the age group of 19 to 22 years. It is pertinent to note that neither the third

respondent nor the mother of the second respondent

had came out with a case that no such incident had taken place. They have stated that considering the

young ages of the petitioners, they should not be dragged to the criminal Court. The mother of the second respondent has stated that she does not

desire to force her daughter to visit the police station or the criminal Court.

7 The petitioners have shown remorse by

depositing a sum of Rs.50,000/- each. The petitioners have offered to do social service by undertaking to do the cleaning work in Ward No.1, Kulgaon, Badlapur on every Sunday in the month of

November 2016. In fact, undertakings to that effect have been separately filed by the petitioners.

8 Considering the peculiar facts of the case as narrated above, it cannot be said the offence alleged is against the society at large. Considering the respective ages of the petitioners and the remorse shown by them, we are inclined to

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exercise power under section 482 of the Cr.P.C for quashing the offences.

9 Accordingly, we pass the following order:

(I) We accept the undertakings of the petitioners dated 10th October 2016 in which

they have undertaken that they will do the work of cleaning in Ward No.1, Kulgaon, Badlapur on every Sunday in the month of November 2016

under the directions of the Ward Officer of the

(II) said Ward;

We direct the Officer in charge of the

Badlapur Police Station to communicate this order to the Ward Officer of Ward No.1 by submitting a copy of this Judgment and order.

On receipt of a copy of the the Judgment and Order, the Ward Officer of Ward No.1, Badlapur

Municipal Council shall assign appropriate work of cleaning to the petitioners for a period of

two hours on every Sunday in the month of November 2016;

(III) The Ward Officer of Ward No.1 shall issue a certificate of compliance of these directions

by the petitioners which shall be handed over to the Officer In-charge of the Badlapur (East) Police Station on or before 3rd December 2016; (IV) Rule is made absolute in terms of prayer clause (a) which reads thus:

"(a) this Hon'ble Court be pleased to quash the F.I.R dated 26.9.2016 filed by the Respondent No.2 herein which is registered

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as C.R.No.I-128 of 2016, with Badlapur East Police Station, District Thane, on such

terms and conditions as this Hon'ble Court deem fit and proper in the facts and

circumstances of the case."

(V) We direct the Registrar (Judicial-I) to

transfer the amounts deposited by the petitioners together with interest accrued thereon, if any, to the Maharashtra State

Legal Services Authority for the use of the

said amount for the work relating to mediation;

(VI) The petition shall be listed on 7th December 2016 under the caption of `directions'. Compliance report shall be

filed by the Officer In charge of Badlapur (East) Police Station;

(VII) At the time of consideration of the compliance report, we direct the petitioners

to personally remain present in the Court; (VIII) We direct the petitioners to report to the Ward Officer of Ward No.1, Badlapur Municipal Council, District Thane on 3rd

November 2016 at 11.00 a.m.

(A.A.SAYED,J.) (A.S.OKA,J.)