Mohini Sudhakar Uprikar (After ... vs State Of Maharashtra, Thr. Pso Ps ...
2021 Latest Caselaw 7651 Bom

                                                1                                5-apl-542-21.odt


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                CRIMINAL APPLICATION (APL) NO. 542 OF 2021

  1. Mohini Sudhakar Uprikar,
     After marriage Mohini Pramod Katankar,
     Age about 25 years, Occ. Student,
     R/o. Vitthalwadi, Near Umari Naka,
     Akola, Tah. & Dist. Akola.

  2. Pramod Gulab Katankar,
     Aged about 28 years, Occ. Service,
     R/o. Turkhed, Tah. Anjangaon Surji,
     Dist. Amravati.                                                     . . . APPLICANTS

                         ...V E R S U S..

  State of Maharashtra through
  Police Station Officer,
  Police Station G.R.P. Akola,                                     . . . NON-APPLICANT
  Tah. & Dist. Akola

 ------------------------------------------------------------------------------------------------
 Shri Kamal H. Anandani, Advocate for applicants.
 Shri T. A. Mirza, A.P. P. for non-applicant/State.
 -----------------------------------------------------------------------------------------------
                               CORAM :- V. M. DESHPANDE AND
                                        AMIT B. BORKAR, JJ.

DATED :- 10.06.2021

JUDGMENT (PER : AMIT B. BORKAR, J.) :-

1. Hearing was conducted through Video Conferencing and

learned counsel agreed that the audio and visual quality were proper.

2. Rule. Rule is made returnable forthwith. Heard finally by

consent of the parties.

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3. By this application under Section 482 of the Code of

Criminal Procedure the applicants, who are now husband and wife,

have prayed for quashing and setting aside of the First Information

Report (FIR) No. 216/2020 for offence punishable under Sections

376(2)(n), 354A and 506 of the Indian Penal Code registered with the

non-applicant- Police Station and has also challenged filling of charge-

sheet no. 2/2021.

4. The FIR came to be registered against the applicant no. 2

with accusations that the applicant no. 2 initially interacted with the

applicant no. 1 and thereafter physically molested the applicant no. 1

at Railway Station, Akola. It is alleged that on 11.02.2020, the

applicant no. 2 called the applicant no. 1 in Triveni Lodge at Jalna and

committed sexual intercourse with her on the pretext of providing

employment. It is further alleged that on 13.02.2020, when the

applicant no. 1 was alone at her home, the applicant no. 2 entered her

house and committed sexual intercourse with the applicant no. 1. It is

alleged due to harassment caused by the applicant no. 2, the applicant

no. 1 on 10.10.2020 tried to commit suicide but, dying declaration of

the applicant no. 1 was not recorded at that time. The applicant no. 1,

on 17.10.2020 lodged the FIR against the applicant no. 2. After

completion of the investigation, charge-sheet came to be filed against

the applicant no. 2 bearing charge-sheet no. 2/2021.

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5. It appears that the applicant no. 2 has performed marriage

with the applicant no. 1. The applicants have placed on record

marriage certificate dated 26.03.2021, which is at Annexure-E to the

present application. The applicants have therefore filed the present

application challenging registration of the FIR and charge-sheet

against the applicant no. 2.

6. We have carefully considered the allegations in the FIR and

material produced on record in the form of charge-sheet. On careful

consideration of the allegations in the FIR and material in the form of

charge-sheet, we are satisfied that the applicant no. 1 was in

relationship with the applicant no. 2 for more than two years and had

repeated sexual intercourse. On careful perusal of the material, it

appears that it is only when the applicant no. 2 refused to marry with

the applicant no. 1, the applicant no. 1 lodged the impugned FIR. We,

therefore, satisfied that the sexual intercourse between the applicant

nos. 1 and 2 was prima-facie consensual. On perusal of the marriage

certificate dated 23.03.2021, it appears that the applicant nos. 1 and 2

are now married and are residing as husband and wife. It is well

settled that Courts should accept terms of compromise in criminal

proceeding as keeping the matter alive with no possibility of conviction

in favour of the prosecution is a luxury which Courts, grossly over-

burdened, as they are, cannot afford and that the time so saved can be

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utilized in deciding more effective and meaningful litigation. Since, the

applicant nos. 1 and 2 have amicably resolved their dispute, chances of

conviction are bleak. There is no possibility of conviction in favour of

the prosecution and therefore, considering performance of marriage

between the applicant nos. 1 and 2, we are satisfied that the FIR and

charge-sheet impugned in the present application deserves to be

quashed and set aside.

7. We, therefore, pass the following order:-

First Information Report No. 216/2020 for offence

punishable under Sections 376(2)(n), 354A and 506 of the Indian

Penal Code registered against the applicant no. 2 with the non-

applicant- Police Station and charge-sheet no. 2/2021 pending before

the 5th Judicial Magistrate First Class, Akola are quashed and set aside.

Rule is made absolute in the above terms.

                             JUDGE                                           JUDGE


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