Bombay High Court
Gopal Prakash Sawarkar vs State Of Maharashtra, Thr. Police ... on 23 August, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 apl516.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO.516/2021
Gopal Prakash Sawarkar,
Aged 27 years, Occ. Student,
R/o Kawasa, Tq. Dist. Akola. .....APPLICANT
...V E R S U S...
1. State of Maharashtra, through
Police Station Officer, Police Station,
Civil Lines, Akola, Tq. Dist. Akola.
2. Ku. Laxmi Satyanarayan Mhasaye,
aged about 19 years, Occ. Education,
r/o c/o Joshi, Ranpise Nagar, Akola.
Permanent Address : Post Warkhed,
Tq. Telhara, Dist. Akola. ...NON APPLICANTS
-------------------------------------------------------------------------------------------
Mr. S. Bhende, Advocate for applicant.
Mr. T. A. Mirza, A.P.P. for non applicant no.1.
-------------------------------------------------------------------------------------------
CORAM:- V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE:- AUGUST 23, 2021
ORAL JUDGMENT (Per: Amit B. Borkar, J.)
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of the learned counsel for the parties.
2. By this application under Section 482 of the Code of
Criminal Procedure, applicant is challenging registration of FIR
2 apl516.21.odt
No.543/2020, registered with non applicant no.1-Police Station
Officer, Police Station Civil Lines, Akola under Sections 328, 354-
A, 354-D, 342, 323, 504 and 506 of the Indian Penal Code.
3. FIR came to be registered against applicant with
accusations that the applicant intoxicated non applicant no.2 and,
therefore, non applicant no.2 became unconscious. When non
applicant no.2 gained consciousness, the applicant threatened her
not to disclose the episode to anyone else. It is alleged
that on 18.12.2020, the applicant outraged modesty of non
applicant no.2.
4. The applicant has, therefore, filed present application
challenging registration of the FIR. This Court on 06.05.2021,
issued notices to the non applicants and in the meantime, it was
directed that charge-sheet shall not be filed against the applicant.
Non applicant no.1, in pursuance of the said notice, has filed reply
stating that there is sufficient material with the investigating
agency which, prima facie, fulfills the ingredients of offence
alleged against the applicants.
3 apl516.21.odt
5. The applicant and non applicant no.2 have filed joint
affidavit in this Criminal Application No.516/2021. It is stated in
the said application that the applicant and non applicant no.2 are
in love relationship and the FIR came to be registered against the
applicant due to misunderstanding. It is also stated in paragraph
2 of the said application that non applicant no.2 and applicant
have performed marriage and produced copy of marriage
certificate dated 22.05.2021. It is stated that since applicant and
non applicant no.2 are happily married and are residing together
having no grievance against each others, they jointly pray for
quashing of the FIR against the applicant. On the last occasion, on
04.08.2021, this Court directed learned A.P.P. to get instructions
as regards marriage certificate produced by applicant and non
applicant no.2 along with pursis dated 14.07.2021. Today,
Mr.Mirza, learned A.P.P. has placed on record copy of marriage
certificate attested by the investigating officer. In view of the said
fact, we are satisfied that there is a marriage performed between
applicant and non applicant no.2.
6. In the light of the aforesaid facts, we have carefully
considered the allegations in the FIR and the material produced by
the investigating officer. On careful perusal of aforesaid facts, we
4 apl516.21.odt
are satisfied that the ingredients of the offence alleged against the
applicant are not made out even if the allegations in the FIR are
accepted as correct. In addition to the said fact, the applicant has
produced on record birth certificate of non applicant no.2. The
said birth certificate has been produced on record by way of pursis
dated 23.08.2021. It is taken on record and marked "X" for
identification. The birth date of non applicant no.2 mentioned in
the aforesaid certificate is 16.03.2002. Therefore, on the date of
the alleged incident, non applicant no.2 was major.
7. The Apex Court in Madan Mohan Abbot vs. State Of
Punjab reported in 2008 (4) SCC 5840, has taken a view that in
case of settlement between the parties and if the chances of
conviction are bleak, the Courts should quash the FIR as criminal
courts are already overburdened. It is also observed that time
saved by quashing the proceedings can be better utilized for some
other deserving cases.
8. In view of the nature of allegations against the
applicant and performance of marriage between applicant and
non applicant no.2 and in view of the judgment in Madan Mohan
Abbot vs. State Of Punjab supra, we are satisfied that there is no
5 apl516.21.odt
impediment in quashing the FIR against the applicant. We,
therefore, pass the following order.
Criminal Application (APL) No.516/2021 is allowed.
FIR No.543/2020, registered with non applicant no.1-Police
Station, Civil Lines, Akola for the offence punishable under
Sections 328, 354-A, 354-D, 342, 323, 504 and 506 of the Indian
Penal Code is quashed and set aside.
Rule is made absolute in the above terms.
JUDGE JUDGE
kahale
