Bombay High Court
Rupesh Suresh Kshirsagar And ... vs State Of Mah.T Hr. Pso Ps Wani ... on 24 June, 2021
Bench: V.M. Deshpande, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO. 153 OF 2021
WITH
CRIMINAL APPLICATION (APL) NO. 554 OF 2021
CRIMINAL APPEAL NO. 153 OF 2021
Rupesh Suresh Kshirsagar,
Aged 31 years, Occ. Business,
R/o. Wamanghat Road,
Ambedkar Chowk, Wani,
Tah. Wani, Dist. Yavatmal. . . . APPELLANT
...V E R S U S..
1. The State of Maharashtra through
Police Station Officer,
Police Station, Wani, Dist. Yavatmal.
2. Anita Daulat Rampure,
Aged about 26 years, Occ. Private,
R/o. C/o. Shri W. Waghmare,
Om-Nagar, Tah. Wani, Dist. Yavatmal. . . . RESPONDENTS
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Shri A. A. Dhawas, Advocate for appellant.
Shri S. M. Ghodeswar, A.P.P. for respondent no. 1/State.
Shri Rahul D. Hajare, Advocate for respondent no. 2.
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WITH
CRIMINAL APPLICATION (APL) NO. 554 OF 2021
1. Rupesh Suresh Kshirsagar,
Aged 31 years, Occ. Business,
R/o. Wamanghat Road,
Ambedkar Chowk, Wani,
Tah. Wani, Dist. Yavatmal.
2. Anita Daulat Rampure,
Aged about 26 years, Occ. Private,
R/o. C/o. Shri W. Waghmare,
Om- Nagar, Tah. Wani, Dist. Yavatmal. . . . APPLICANTS
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...V E R S U S..
The State of Maharashtra through
Police Station Officer,
Police Station, Wani, Dist. Yavatmal. . . NON-APPLICANT
------------------------------------------------------------------------------------------------
Shri A. A. Dhawas, Advocate for applicants.
Ms. Mrunal A. Barabde, A.P. P. for non-applicant/State.
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CORAM :- V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATED :- 24.06.2021
ORAL JUDGMENT (PER : V. M. DESHPANDE, J.) :-
1. Hearing was conducted through Video Conferencing and
learned counsel agreed that the audio and visual quality were proper.
2. These Appeal under Section 14A of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short,
"the Act of 1989") and Criminal Application under Section 482 of the
Code of Criminal Procedure are taken simultaneously and they are
decided simultaneously in view of the fact that both these proceedings
are arises out of the First Information Report (FIR) No. 982/2020
registered with Police Station Wani, Dist. Yavatmal in view of the FIR
lodged by the applicant no. 2 in Criminal Application (APL) No.
554/2021.
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3. The appeal is Admitted and is taken for final hearing
forthwith. Similarly, in Criminal Application No. 554/2021, Rule is
made returnable forthwith and taken for final hearing.
4. The applicant no. 2 in Criminal Application (APL) No.
554/2021 lodged report with Police Station Wani on 12.12.2020. On
the basis of the said, the FIR No. 982/2020 was registered for the
offence punishable under Sections 376(2)(n), 313 of the Indian Penal
Code and Section 3(1)(w)(i), 3(1)(w)(ii) and 3(2)(v) of the Act of
1989.
5. In view of the registration of the FIR, the applicant no. 1-
Rupesh Suresh Kshirsagar was apprehending his arrest and therefore
he approached the Additional Sessions Judge, Kelapur, Dist. Yavatmal
by filing Criminal Bail Application No. 183/2020 for grant of
anticipatory bail. On 07.01.2021, the learned Additional Sessions
Judge, Kelapur dismissed the said application.
6. Being aggrieved by the said order, accused- Rupesh
Suresh Kshirsagar approached this Court by filing statutory appeal
under Section 14A of the Act of 1989 vide Criminal Appeal No.
153/2021. This Court (Coram: Z. A. Haq and Amit B. Borkar, JJ) on
31.03.2021 issued notices to the respondents in the said Criminal
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Appeal including the original complainant and also protected the
appellant/accused- Rupesh Suresh Kshirsagar from arrest.
7. During the pendency of this appeal, the original
complainant and accused- Rupesh Suresh Kshirsagar filed proceedings
before this Court under Section 482 of the Code of Criminal Procedure
bearing Criminal Application (APL) No. 554/2021 on the ground that
they have amicably settled their disputes and the FIR, which was filed
by the complainant was due to misunderstanding. She has also sworn
the affidavit in that behalf.
8. The original complainant and accused- Rupesh Suresh
Kshirsagar are present in the office of Shri A. A. Dhawas, learned
Advocate, who represents Rupesh Suresh Kshirsagar. The complainant
is represented by Shri R. D. Hajare, learned Advocate, he is also
present in the office of Shri A. A. Dhawas, Advocate when these
proceedings were herd by virtual mode.
9. Shri R. D. Hajare, Advocate identifies the complainant. We
enquired with the complainant in Marathi language and she submitted
that she does not wish to proceed against accused- Rupesh Suresh
Kshirsagar in view of their amicable settlement. She submits that the
FIR was lodged in fit of anger and due to misunderstanding.
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10. Be that as it may, we have perused the contents of the FIR.
It's content shows that at the time of lodging of the FIR, the
complainant was aged about 25 years. The contents of the FIR would
show that there was love affair in between accused- Rupesh Suresh
Kshirsagar and the complainant and they used to reside jointly in live-
in-relationship. It appear that due to some discord in between them
resulting in dispute and thereafter FIR is lodged.
11. Looking to the contents of the FIR, which clearly spelt out
that complainant used to stay with accused- Rupesh Suresh Kshirsagar
on her own and they have live-in-relationship and since now, she has
stated that FIR was filed due to misunderstanding, we are of the view
that continuance of these proceedings will be nothing but abuse of
process of law and a futile exercise as no purpose would be served if
the trial is allowed to take place.
12. In that view of the matter, we pass the following order:-
(i) Criminal Application No. 554/2021 is hereby allowed
(ii) First Information Report No. 982/2020 registered with
Police Station Wani, Dist. Yavatmal for the offence punishable under
Sections 376(2)(n), 313 of the Indian Penal Code and Section 3(1)(w)
(i)(i), 3(1)(w)(ii) and 3(2)(v) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 is hereby quashed.
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(iii) Since, the Criminal Application for quashing of the FIR is
allowed and FIR is quashed, nothing survives in the Criminal Appeal
No. 153/2021, which is filed for grant of anticipatory bail and it is
accordingly disposed of. No costs.
Rule is made absolute in the above terms.
JUDGE JUDGE
RR Jaiswal
