Bombay High Court
Vijay S/O Ratan Nagdeve And ... vs The State Of Maharashtra, Thr. ... on 19 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.101 OF 2021
1. Vijay S/o. Ratan Nagdeve,
Aged about 26 years, Occ. Private,
R/o. House No. 164/A/406,
Kamgar Colony, Subhash Nagar,
Hingna Road, Nagpur.
2. Vaishnavi D/o. Suresh Kadam,
(Vaishnavi W/o. Vijay Nagdeve
name after marriage),
Aged about 20 years, Occ. Housewife,
R/o. House No. 164/A/406,
Kamgar Colony, Subhash Nagar,
Hingna Road, Nagpur. . . . . APPLICANTS
. . . . VERSUS . . . .
The State of Maharashtra through
Police Station Officer,
Ranapratapnagar Police Station,
Nagpur. . . . . NON-APPLICANT
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Shri U.P.Dable, Advocate for applicants.
Shri T.A. Mirza, Additional Public Prosecutor for Non-applicant -
State.
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CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 19/01/2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule is made returnable forthwith. Heard by
consent of the learned Advocate for the applicants and the learned
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Additional Public Prosecutor appearing for the respective parties.
3. The applicants have filed present application under
Section 482 of the Code of Criminal Procedure challenging the
registration of the First Information Report bearing No.192/2017
for offences punishable under Section 376 of the Indian Penal
Code and Sections 4 and 8 of the Protection of Children from
Sexual Offences Act, 2012 (for short "POCSO Act) and consequent
charge-sheet pending before the Extra Joint District Judge-1,
Nagpur.
4. The First Information Report came to be registered
against the applicant no.1 by the applicant no.2 with the
accusation that the applicant no.1 on 10.4.2017 committed
forcible sexual intercourse with the applicant no.2. Pending the
investigation, the applicants have settled their dispute amicably. It
is stated on affidavit by the applicant nos.1 and 2 that they have
performed marriage on 12.5.2020 and since then both are leading
happy married life. Marriage Certificate dated 11.6.2020 is
annexed at Annexure no.3. The applicants have filed joint
application for quashing of the First Information Report and the
charge-sheet.
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5. We have carefully considered the contents of the
First Information Report. It appears that after registration of First
Information Report, the applicant no.1 has married with the
applicant no.2 and are residing happily as husband and wife.
Insofar as the offence registered under Sections 4 and 8 of the
POCSO Act, we have considered the allegations in the First
Information Report and it appears that the report was lodged by
the applicant no.2 on 4.5.2017 when the applicant no.2 was aged
about 17 years. It further appears that the applicant no.2 was of
age of understanding. Therefore, we do not find any impediment
in quashing the First Information Report and the charge-sheet
against the applicant no.1. We, therefore, pass the following
order:
ORDER
Rule is made absolute in terms of prayer clause (i). Prayer
clause (i) reads as under:
"(i) Allow the application thereby quashing
the final report/charge-sheet no.27/2019
dated 02.03.2019 under Section 376 of
Indian Penal Code and Sections 4 and 8 of
the Protection of the Children from Sexual
Offences Act, 2012, filed by Police Station,
Ranapratapnagar, Nagpur in F.I.R.
4 J-APL-101.21.odt
No.192/2017 and the Sessions Case bearing
Special Case Child Protection no.48/2019
pending before Extra Joint District Judge-1 &
Additional Sessions Judge, Nagpur, on the
above mentioned facts and circumstances".
JUDGE JUDGE
Ambulkar
