Sahebrao S/O Ajabrao Lawhale vs State Of Mah, Thr P.So. P.S. ...
2021 Latest Caselaw 6853 Bom

                                              1                               20-apl-440-19j.odt

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

                CRIMINAL APPLICATION (APL) NO. 440 OF 2019

  1. Sahebrao S/o. Ajabrao Lawhale,
     Aged about 66 years, Occ. Retired
     Pensioner,
     R/o. Kishor Nagar, Amravati,
     Tah. & Dist. Amravati.

  2. Ninad S/o. Sahebrao Lawhale,
     Aged about 32 years, Occ. Service,
     R/o. Kishore Nagar, Amravati,
     Tah. & Dist. Amravati.                                              . . . APPLICANTS

                         ...V E R S U S..

  1. State of Maharashtra through
     Police Station Officer,
     Police Station Frezarpura, Amravati,
     Tah. & Dist. Amravati.

  2. Amruta Ninad Lawhale,
     [Miss Amruta Anandrao Gawai],
     Aged about 27 years, Occ. Service,
     R/o. Kishore Nagar, Prashant Nagar,
     Amravati, Tah. & Dist. Amravati.                              . . NON-APPLICANTS

 ------------------------------------------------------------------------------------------------
 Shri Raj Wakode, Advocate for applicant.
 Shri T. A. Mirza, A.P. P. for non-applicant no. 1/State.
 -----------------------------------------------------------------------------------------------
                               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 20-apl-440-19j.odt

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

Criminal Procedure, the applicants have challenged registration of the

First Information Report (FIR) No. 1274/2018 registered on

15.11.2018 with the non-applicant no. 1-Police Station against the

applicants for offences punishable under Sections 376(2)(n), 417 and

34 of the Indian Penal Code and subsequent charge-sheet

no. 113/2019, dated 22.04.2019.

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

accusations that the applicant no. 2 committed forcible sexual

intercourse with the non-applicant no. 2 by suppressing fact that the

applicant no. 2 was already married. It is further alleged that due to

forcible sexual intercourse, the non-applicant no. 2 became pregnant.

The Investigating Agency carried out investigation and filed charge-

sheet against the applicants. During the pendency of the proceedings

before the learned Judicial Magistrate First Class, the applicants and

the non-applicant no. 2 arrived at mutual settlement and resolved their

dispute. The applicants and the non-applicant no. 2 have jointly filed

an application dated 04.02.2021 for quashing the FIR and charge-sheet

against the applicants. It is stated that the applicants and the non-

applicant no. 2 have resolved all disputes and have decided to

withdraw proceedings against each other.

3 20-apl-440-19j.odt

5. To compensate the Investigating Agency for efforts taken by

them, the applicants have voluntarily deposited an amount of

20,000/- with the High Court Legal Services Sub Committee, Nagpur

on 23.02.2021.

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

material in the charge-sheet. Since, the applicants and the non-

applicant no. 2 have mutually resolved their disputes and the non-

applicant no. 2 has no objection to quash the FIR and charge-sheet

against the applicants, chances of conviction against the applicants are

bleak.

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, the Court should accept the terms of compromise even 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. We are therefore

satisfied that there is no impediment in quashing the FIR and charge-

sheet against the applicants.

4 20-apl-440-19j.odt

8. We, therefore, pass the following order:-

First Information Report No. 1274/2018 registered on

15.11.2018 against the applicants with the non-applicant no. 1-Police

Station and charge-sheet no. 113/2019 filed on 22.04.2019 with

Judicial Magistrate First Class, Amravati for offence punishable under

Sections 376(2)(n), 417, 493, 494, 495, 496 and 34 of the Indian

Penal Code are quashed and set aside.

Rule is made absolute in the above terms.

CRIMINAL APPLICATION (APPP) NO. 241 OF 2021

In view of the disposal of the Criminal Application (APL)

No. 440/2019, the present Criminal Application does not survive. It is

disposed accordingly.

                             JUDGE                                           JUDGE


RR Jaiswal