Bombay High Court
Shri. Rajendra S/O Ramkrushna ... vs State Of Mah. Thr. Pso Gadge Nagar, ... on 25 August, 2021
Bench: A.S. Chandurkar, Govinda Ananda Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 201 OF 2020
1. Shri Rajendra S/o Ramkrushna Malve,
Aged about 49 Yrs.
Occ - Sectional Engineer PWD,
Morshi, Division: Amravati,
R/o Flat No. 101, Varadh
Vinayak Apartment,
Ganediwal Layout, Camp,
Amravati.
2. Shri. Ravi S/o Ramkrushna Malve,
Aged about 46 Yrs,
Occ - Laboratory Attendant,
R/o. Gopal Nagar, Amravati,
Tq. and Dist. Amravati. ... APPLICANTS
VERSUS
1. State of Maharashtra,
Through Police Station Office,
Gadge Nagar, Amravati,
Tq. & District.
2. Sau. Jyoti Rajendra Malve,
Aged about 41 years,
Occu : House Wife,
R/o Flat No.101,
Varadh Vinayak Apartment,
Ganediwal Layout, Camp,
Amravati. ... NON-APPLICANTS
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Shri S. P. Bhandarkar, Advocate for applicants.
Ms. S. S. Jachak, APP for non-applicant No.1-State.
Shri P. R. Agrawal, Advocate for non-applicant No.2.
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CORAM : A.S. CHANDURKAR AND G. A. SANAP, JJ.
DATE : 25/08/2021.
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ORAL JUDGMENT : (PER : G. A. SANAP, J.)
1. Rule. Rule made returnable forthwith.
2. In this application, the applicants have prayed for
quashing of First Information Report No.1150/2019 dated
08/12/2019 registered at Police Station, Gadge Nagar, Dist.
Amravati on the report of the non-applicant No.2. The necessary
averments for quashing of First Information Report have been
made in the application. The parties namely; applicant Nos.1 and
2 and the non-applicant No.2 have filed an affidavit and stated
that the dispute between them has been settled. It is stated therein
that the registration of the First Information Report was due to
misunderstanding. The applicants and the non-applicant No.2 are
present in the Court today. We have verified their identity as well
as the contents of the affidavit submitted before the Court.
3. The non-applicant No.2 states that now, she has
started residing with her husband - applicant No.1. The applicant
No.2 is brother of the applicant No.1 and brother-in-law of the
non-applicant No.2. Perusal of the affidavit would further show
that the applicant No.1 and the non-applicant No.2 have 19 years
old daughter and 14 years old son.
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4. In view of this factual position placed on record, in
our view, the prayer made by them to record their settlement and
to quash the First Information Report deserves acceptance. It is
pertinent to mention that since the applicant No.1 and the non-
applicant No.2 have started residing together and that too with the
children, in our opinion, the continuation of the prosecution
would be an obstacle in their happy married life. It is seen that the
First Information Report came to be lodged as stated by the
parties due to some misunderstanding.
5. In view of this position, we are convinced that the
further continuation of the criminal prosecution would be a mere
exercise in futility. It would be an abuse of process of law. In our
opinion, to meet the ends of justice, it would be necessary to grant
the prayer. Hence, the following order :-
ORDER
i] The criminal application is allowed.
ii] The First Information Report
No.1150/2019 dated 08/12/2019 registered at Police
Station, Gadge Nagar, Dist. Amravati for the offences
punishable under Sections 377, 376 r/w 511, 354,
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354-A, 506, 504 and 323 of the Indian Penal Code is
quashed and set aside.
iii] The applicant Nos.1 and 2 stands discharged.
Rule is made absolute in above terms.
(G. A. SANAP, J.) (A.S. CHANDURKAR, J.)
Choulwar
