Bhushan S/O Namdeorao Dayawate vs State Of Mah. Thr. Pso Ps Gadge ...
2021 Latest Caselaw 6851 Bom

                                               1                                21-apl-416-20j.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

               CRIMINAL APPLICATION (APL) NO. 416 OF 2020

  Bhushan S/o. Namdeorao Dayawate,
  Aged about 34 years, Occ. Service,
  R/o. Near Remand Home,
  Gadge Nagar, Amravati,
  Tq. & Dist. Amravati.                                                     . . . APPLICANT

                         ...V E R S U S..

  1. State of Maharashtra through
     Police Station Officer,
     Police Station, Gadge Nagar,
     Amravati, Tq. And Dist. Amravati.

  2. Pooja D/o. Pramodrao Tayade,
     Aged about 26 years, Occ. Pvt. Job,
     R/o. Mozari, Tq. Tiosa, Dist. Amravati.                        . . NON-APPLICANTS

 ------------------------------------------------------------------------------------------------
 Shri P. R. Agrawal, Advocate for applicant.
 Ms. Shamshi Haider, A.P. P. for non-applicant no. 1/State.
 Shri V. R. Thote, Advocate for non-applicant no. 2.
 -----------------------------------------------------------------------------------------------
                               CORAM :- Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATED :- 29.04.2021

JUDGMENT (PER : AMIT B. BORKAR, J.) :-

1. Heard.

2. Rule. Rule made returnable forthwith.

2 21-apl-416-20j.odt

3. By this application under Section 482 of the Code of

Criminal Procedure, the applicant has challenged registration of the

First Information Report (FIR) No. 499/2020, dated 23.06.2020 with

the non-applicant no. 1-Police Station for offence punishable under

Sections 376(2)(n) and 420 of the Indian Penal Code.

4. The FIR came to be registered against the applicant with

accusations that the applicant was in relationship with the non-

applicant no. 2 for period of two years prior to registration of the FIR

and the applicant had sexual intercourse with the non-applicant no. 2

on promise of marriage but, subsequently the applicant refuses to

marry the non-applicant no. 2.

5. The applicant has therefore, filed the present application

challenging registration of the FIR against him. This Court on

14.08.2020 issued notice to the non-applicant no. 2. The non-

applicant no. 2 has filed reply dated 03.04.2021 stating that the non-

applicant no. 2 has no objection for granting prayer made in the

application.

6. We have carefully considered the allegations in the FIR. In

view of the reply filed by the non-applicant no. 2 that the non-

applicant no. 2 has no objection for quashing the FIR registered against

3 21-apl-416-20j.odt

the applicant, there is no impediment in quashing the FIR against the

applicant.

7. The Apex Court in the case of Madan Mohan Abbot

reported in (2008) 4 SCC 582 has taken a view that it is advisable that

in disputes where the question involved is of a purely personal nature,

the Court should accept the terms of compromise in criminal

proceeding as keeping the matter alive with no possibility in favour of

the prosecution is a luxury which Courts, grossly over-burdened, as

they are, cannot afford and that the time so saved can be utilized in

deciding more effective and meaningful litigation.

8. We, therefore pass the following order :-

First Information Report (FIR) No. 499/2020, dated

23.06.2020 registered with the non-applicant no. 1-Police Station for

offence punishable under Sections 376(2)(n) and 420 of the Indian

Penal Code against the applicant is quashed and set aside.

Rule is made absolute in the above terms.

                             JUDGE                                            JUDGE


RR Jaiswal