Vivek Gulabrao Biloriya And 2 ... vs State Of Mah. Thr. Pso Koradi Ps ...
2021 Latest Caselaw 1655 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR.
               CRIMINAL APPLICATION (APL) NO.111 of 2021

  1.              Vivek Gulabrao Biloriya,
                  aged about 32 years, Occ.
                  Business r/oc Wani,
                  Tq and Dist. Yavatmal.

  2.              Narendra Manohar
                  Badghare,
                  Aged about 35 OCC-Service
                  R/o Wani Tq and Dist. Yavatmal

  3.              Poonam Ratan Nagdeve,
                  Aged about 29 yrs, occ-
                  Profession
                  R/o Nagpur, TQ and Dist.
                  Nagpur                                      ....APPLICANTS


                                      // VERSUS //


  1.              State of Maharashtra,
                  through the P.S.O,
                  Koradi PS,
                  Distt. Nagpur.                       .... NON-APPLICANTS

  Shri Chandrakant Thanvi, Advocate for the applicants.
  Shri N.S. Rao, A.P.P. for the non-applicant/State.
  ______________________________________________________________________
                               CORAM : Z. A. HAQ AND
                                          AMIT B. BORKAR, JJ.

DATE : 25.01.2021.

ORAL JUDGMENT: [PER: AMIT B. BORKAR, J.]

1. Rule. Rule is made returnable forthwith.

21 apl 111.21.jud.odt

2. This is an application under Section 482 of the Code of

Criminal Procedure challenging the First Information Report

No.345/2019 registered with the non-applicant No.1-Police Station

for the offences punishable under Sections 376(2)(b), 328 and 420

of the Indian Penal Code and also Section 3(1)(W)(1)(2) of the

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989.

3. The First Information Report came to be lodged against

the applicants with the allegations that the applicant No.1 was

residing near the house of the applicant No.3. It is further alleged

that in the month of May 2014, the applicant No.1 spiked drink and

administered it to applicant No.3 and had sexually intercourse with

the applicant No.3. It is further alleged that from 2014 till August

2019 the applicant No.1 and the applicant No.3 were in physical

relationship. The applicant No.1 promised to marry to with the

applicant No.3. The applicant No.2 is the brother of the applicant

No.1.

4. It is stated that during the pendency of investigation, the

applicants have amicably settled their disputes. The applicant No.1

21 apl 111.21.jud.odt

and applicant No.3 are present in the Court today. Advocate of the

applicants has identified them. Applicant No.3 has submitted

photo-state copy of Adhar Card which has been marked as 'X for

identification. The applicant Nos.1 and 3 have stated that they are

going to perform marriage in the month of March 2021.

5. Taking into consideration the fact that the applicant Nos.

1 and 3 have agreed to perform marriage in the month of March

2021 and have amicably resolved their disputes. The offences under

Indian Penal Code which are alleged against the applicant No.1 are

concerned, they being personal in nature, there is no impediment in

quashing the First Information Report for the offence under Indian

Penal Code.

6. In so far as the offences which are alleged under the

provisions of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 are concerned, we have

carefully considered the contents of the First Information Report

and we find that the allegations are vague in nature and we are

satisfied that the allegations do not constitute the offence alleged

against the applicant Nos. 1 and 2.

21 apl 111.21.jud.odt

7. Taking into consideration the fact that the applicants

have amicably resolved their disputes. In view of the judgment of

the Hon'ble Apex Court in the case o f Narinder Singh and others

and others Vs. State of Punjab and another reported in (2014) 6

SCC 466 we are satisfied that the First Information Report against

the applicant No.1 and 2 deserves to be quashed and set aside.

8. We therefore, pass the following order:-

(i) The First Information Report No.345/2019 registered

with the Non-applicant No.1-Police Station for the offences

punishable under Sections 376(2)(b), 328 and 420 of the Indian

Penal Code and also Section 3(1)(W)(1)(2) of the Scheduled Castes

and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is

quashed and set aside.

Rule is made absolute accordingly.

                             JUDGE                             JUDGE
manisha