Bombay High Court
Akshay Raju Deshmukh vs State Of Mah., Thr. Pso Ps Dabki ... on 17 August, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 Cri.APL No.998.19-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 998 OF 2019
Akshay Raju Deshmukh,
Aged about 22 years, Occ. Education,
R/o. Mothi Umri, Akola,
Tah. & District Akola. ......APPLICANT
... VERSUS ...
1. State of Maharashtra,
Through Police Station Officer,
Police Station, Dabki Road,
Akola, District Akola.
2. Yogita Mahadeo Kendre,
Aged about 18 years, Occ. Education,
R/o. Jagruti Mahila Vastigruha
(Rajya Gruha), Income Tax Chowk,
Adarsha Colony,
in front of Korpe Co. op. Bank, Akola.
3. Sou. Sunita Mahadeo Kendre,
Aged 42 years, Occ. Household,
R/o. Rajankhed at present
residing at Godbole Plot, Akola,
District Akola. .....NON-APPLICANTS
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Shri S. K. Wankhade, Advocate for the Applicant.
Shri S. S. Doifode, Additional Public Prosecutor for the Non-applicant
No.1/State.
Ms Archana S. Lanjewar, Advocate for the Non-applicant No.2.
Shri Apurv De, Advocate h/f. Shri Sagar Katkar, Advocate for the
Non-applicant No.3.
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CORAM : V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE : 17.08.2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule is made returnable forthwith.
3. By this application under Section 482 of the Code of
Criminal Procedure, the applicant is challenging registration of the
First Information Report No.282/2018 dated 15.09.2018
registered with the non-applicant No.1 - Police Station for the
offences punishable under Sections 363, 366, 354-D of the Indian
Penal Code read with Section 12 of the Protection of Children
from Sexual Offences Act.
4. The First Information Report came to be registered
against the applicant with the accusations that the applicant aged
about 22 years developed love affairs with the non-applicant No.2,
who was minor on the date of incident. It is alleged that the
applicant kidnapped the non-applicant No.2 on 14.04.2018. The
non-applicant No.3 has therefore, lodged report against the
applicant on 22.06.2018 with the Police Station. On the receipt of
said report, the non-applicant No.1 has registered a Crime
No.282/2018 against the applicant with the non-applicant No.1-
Police Station. The applicant has therefore, challenged registration
of the First Information Report against the present applicant.
5. During pendency of the present application, the
applicant and the non-applicant Nos.2 and 3 have filed affidavit
dated 31.07.2021 before this Court stating that the parties have
amicably resolved their dispute and the non-applicant Nos.2 and 3
do not want to prosecute the applicant. It is stated that the non-
applicant No.2 married with the applicant and he is happily
residing in her matrimonial home.
6. Today, the non-applicant Nos. 2 and 3 are present in the
Court. The non-applicant No.2 has stated before the Court that
she is happily residing with the applicant as husband and wife in
her matrimonial home and interest of justice would be made if the
prosecution against the applicant is quashed and set aside.
7. This Court in Criminal Application No. 988/2019 ( Taj
@ Arjun S/o. Ajay Mishra and Anr. Vs. State of Maharashtra)
decided on 22.10.2019, in Criminal Application No.167/2019
(Areeb Naseer Sarguroh Vs. The State of Maharashtra and Anr.)
decided on 09.10.2019 and also in Criminal Writ Petition
No.137/2015 (Meghnath Pandurang Divkar Vs. State of Goa and
Ors.) decided on 28.10.2015 had quashed the First Information
Report registered under the provisions of the Protection of
Children From Sexual Offences Act, 2012 on the ground of
compromise between them.
8. The applicant has produced on record the marriage
certificate dated 10.08.2020, which shows that the applicant had
performed marriage with the non-applicant No.2 on 05.08.2019.
Since the non-applicant No.2 was 17 years on the date of the
offence and had sufficient maturity and the age of applicant on
the date of incident was 22 years and since the applicant and the
non-applicant No.2 have married and are residing as a husband
and wife, there is no impediment in quashing the First Information
Report against the applicant.
9. We therefore, pass the following order :
The First Information Report No.282/2018 dated
15.09.2018 registered with the non-applicant No.1 - Police Station
for the offences punishable under Sections 363, 366, 354-D of the
Indian Penal Code read with Section 12 of the Protection of
Children From Sexual Offences Act is quashed and set aside.
10. Rule is made absolute in the above terms. Pending
application(s), if any, stand(s) disposed of.
JUDGE JUDGE
RGurnule
