Bombay High Court
Chaitali D/O Gajanan Likhar And ... vs The State Of Maharashtra, Thr. ... on 4 September, 2017
Bench: V.A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 561 OF 2017
APPLICANTS :- 1) Chaitali D/o Gajanan Likhar, Age : Major,
Occ: Student, R/o Samta Colony, No.2, Nr.
Khetan Kirana Stores, Khamgaon.
2) Kishor S/o Dinkar Ghope, Age : 26 yrs., Occ:
Business, R/o Jalamb, Tah. Shegaon, Dist.
Buldhana.
...VERSUS...
RESPONDENT :- The State of Maharashtra, Through Police
Station Khamgaon City Khamgaon, Distt.
Buldhana.
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Mr. I. H. Pathan, counsel for the applicant No.1.
Mr. R.M.Tahaliyani, counsel for the applicant No.2.
Mr. K.R.Lule, Addl. Public Prosecutor for the non-applicant.
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CORAM : SMT. VASANTI A NAIK &
M. G. GIRATKAR
, JJ.
DATED : 04.09.2017
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O R A L J U D G M E N T (Per : Smt.Vasanti A Naik, J.)
The criminal application is admitted and heard finally at
the stage of admission with the consent of the learned counsel for the
parties.
2. By this criminal application, the applicants seek the
quashing and setting aside of the first information report bearing No.16
of 2017 registered against the applicant No.2 for the offences
punishable under section 376, 417 and 506 of the Penal Code.
3. It is stated on behalf of the applicants, who have jointly
filed the application that they were in love since the year 2012 and the
relationship between them continued till the year 2017, when a report
was lodged by the applicant No.1 against the applicant No.2 for the
offences punishable under section 376, 417 and 506 of the Penal Code.
It is stated that the applicants were involved in sexual relationship for
past several years and according to the applicant No.1, she had lodged a
report against the applicant No.2 as he had promised to marry her but
did not keep his promise. It is stated in the application that since the
applicant No.1 was annoyed with the refusal on the part of the
applicant No.2 to marry her, she had lodged a report against the non-
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applicant No.2 for the offences punishable under sections 376, 417 and
506 of the Penal Code. It is however stated in the application that since
the parents, relatives and the friends of the applicant No.2 did not
desire that the applicant No.2 should marry her, the applicant No.2 was
compelled to marry with another girl. It is stated in the application that
the applicant No.1 has now realised that the applicant No.2 had not
cheated her by falsely promising to marry her but was compelled to
marry another girl due to the pressure by his family members and
relatives. It is stated in the application that in the peculiar
circumstances of the case, since the applicant No.1 is not desirous of
prosecuting the matter against the applicant No.2, the first information
report registered against the applicant No.2 may be quashed and set
aside.
4. The applicant No.1 and the applicant No.2 are personally
present in the court today. The applicant No.1 has stated that initially
she had believed that the applicant No.2 had cheated her and therefore
she had lodged a report against him in the police station. It is stated
that however she has become aware from the relatives and friends that
the applicant No.2 had not married her in view of the fact that his
family members and friends did not wish that he should marry the
applicant No.1. It is stated by the applicant No.1 in the court today that
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though the applicant No.2 wanted to marry her, he could not do so due
to the pressure from his family members.
5. From the statements made by the applicant No.1, it is
clear that the applicant Nos.1 and 2 have amicably resolved the dispute
between them and the applicant No.1 is not willing to prosecute the
matter pending against the applicant No.2 on the basis of the report
lodged by her. It appears from the statements made in the criminal
application and the statements made by the applicants in the court
today that initially, on a belief that the applicant No.2 had cheated her,
the applicant No.1 had filed a report against him in the police station
but she has now realised that the applicant No.2 did not wish to cheat
her and to fulfill the wishes of his parents and relatives he had married
a girl of their choice. In the circumstances of the cases, it would be
necessary to quash and set aside the first information report, more so
when the prosecution may not result in the conviction of the applicant
No.2 as the applicant No.1 is not willing to prosecute against the
applicant No.2. Hence, by applying the law laid down by the Hon'ble
Supreme Court in the case of Gian Singh v. State of Punjab, reported
in (2012) 10 SCC 303, we are inclined to quash and set aside the first
information report registered against the applicant No.2 under sections
376, 417 and 506 of the Penal Code. Since the compromise between
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the parties can itself be a consideration for quashing and setting aside
the first information report, the criminal application needs to be
allowed.
5. Hence, for the reasons aforesaid, the criminal application
is allowed. The first information report bearing No.16 of 2017,
registered against the applicant No.2 for the offences punishable under
sections 376, 417 and 506 of the Penal Code, as also the proceedings
arising there from are hereby quashed and set aside. Order accordingly.
In view of the disposal of the criminal application, the
Application (APPP) No. 1423 of 2017 stands disposed of.
JUDGE JUDGE
KHUNTE
