Priyanka @ Rani D/O. Gaurishankar ... vs State Of Maharashtra Thr. Police ...
2017 Latest Caselaw 6711 Bom

APL  543/17                                           1                          Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR.
             CRIMINAL APPLICATION (APL) No. 543/2017
1.    Priyanka @ Rani D/o Gaurishankar Rakhde,
      Aged about: 19 years, Occu. Housewife.

2.    Sagar @ Amit S/o Jaichand Bisne,
      Aged about 22 years, Occu Labour.

Both R/o At Hardoli, Tah. Tumsar Dist.Bhandara.                             APPLICANTS

                                    .....VERSUS.....
State of Maharashtra,
Through Police Station Officer,
Police Station Sihora, Dist. Bhandara.                                     NON-APPLICA
                                                                                       NT
                     Shri K.S. Motwani, Counsel for the applicants.
          Shri A.M. Joshi, Additional Public Prosecutor for the non-applicant.

                                     CORAM :SMT.VASANTI  A  NAIK AND
                                                  M.G. GIRATKAR, JJ.                

                                      DATE        :             01    SEPTEMBER, 2017.
                                                                   ST



ORAL JUDGMENT (PER : SMT. VASANTI  A  NAIK, J.)

The criminal application is ADMITTED and heard finally with

the consent of the learned counsel for the parties.

2. By this criminal application, the applicants seek the

quashing and setting aside of F.I.R. No.87/2017 registered against the

applicant no.2 for the offence punishable under Section 376 of the Penal

Code.

3. The applicant no.1 and the applicant no.2 had an affair and

they were involved in physical relationship on several occasions. Since

according to the applicant no.1, she had consented for the physical

relationship only on the promise made by the applicant no.2 to marry her

APL 543/17 2 Judgment

and the applicant no.2 had refused to marry her at a subsequent point of

time, she had lodged the report on 09.06.2017 alleging therein that the

applicant no.2 was involved in the offence of rape. It is stated in the

application that since the applicant no.2 was not ready to marry the

applicant no.1, she had filed the report in a fit of rage. It is stated that

after the registration of the first information report, the applicant no.2

has married the applicant no.1 and with a view to live happily ever after,

the applicant no.1 is not desirous of prosecuting the matter based on the

first information report registered against the applicant no.2. It is stated

that the applicants would not be able to live happily if the trial for the

offence under Section 376 of the Penal Code continues against the

applicant no.2.

4. The applicant no.1 and the applicant no.2 are personally

present in the Court, today. We have made a query to the applicant no.1

whether she has married the applicant no.2 and she has answered in the

affirmative. The applicant no.1 and the applicant no.2 state that they are

happily married and in view of this development, it would be necessary to

quash the first information registered against the applicant no.2 for the

offence punishable under Section 376 of the Penal Code. The applicants

state that the first information report registered against the applicant no.2

should be quashed and set aside.

APL 543/17 3 Judgment

5. In the circumstances of the case, specially when the applicant

nos.1 and 2 have recently married, it would be necessary to quash and set

aside the first information report registered against the applicant no.2 by

relying on the law laid down by the Hon'ble Supreme Court in the case of

Gian Singh Versus State of Punjab, reported in (2012) 10 SCC 303. It is

held by the Hon'ble Supreme Court in the said judgment and also in the

judgment in the case of Narinder Singh & Others Versus State of Punjab

& Another, reported in (2014) 6 SCC 466. that such developments could

be a consideration for quashing and setting aside the first information

report registered against the accused. Since the applicant no.1 is not

ready to prosecute the matter against the applicant no.2 with whom she

has married, it is unlikely that the applicant no.2 would be convicted for

the offence punishable under section 376 of the Penal Code.

6. Hence, for the reasons aforesaid, the criminal application is

allowed. The first information report registered against the applicant

no.2 bearing F.I.R. No.87 of 2017, for the offence punishable under

Section 376 of the Penal Code and the proceedings arising therefrom are

hereby quashed and set aside.

Order accordingly. No costs.

              JUDGE                                           JUDGE
APTE