Vaishnavi Kailash Masankar And 2 ... vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 13817 Bom

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

          CRIMINAL APPLICATION (APL) NO. 983 OF 2021

   1. Vaishnavi Kailash Masankr
      Age about 18 years,
      Occupation - Student,
      R/o At Post - Sahit, Tq. Barshitakli &
      District Akola
   2. Atul S/o Shaligram Wahurwath,
      Aged about : 26 years,
      Occupation - Labourer                                    .. APPLICANTS
      R/o At Post - Sahit, Tq. Barshitakli &
      District Akola
   3. Mangesh S/o Shaligram Wahurwagh
      Aged about : 30 years,
      Occupation : Labourer
      R/o At Post - Sahit, Tq. Barshitakli &
      District Akola
                               Versus
        State of Maharashtra through Police                       .. NON -
        Station Officer, Police Station Barshitakli              APPLICANT
        Tq. Barshitakli & District : Akola


 Mr. Kamal Anandani, Advocate for applicants
 Mr. V.A. Thakre, A.P.P. for non-applicant / State

                               CORAM:   V.M. DESHPANDE, &
                                        AMIT B. BORKAR, JJ.

DATE : SEPTEMBER 24, 2021

JUDGMENT : (Per : Amit B. Borkar, J.)

The applicants are challenging the First Information

Report No.9/2019, registered with non-applicant - Police

apl - 983-2021-J.odt

Station and charge-sheet No.33/2019 and Special Child

Protection Case No. 34/2019.

2. The First Information Report came to be registered

against the applicants No.2 and 3 with the accusations that

applicant No.2 touched the applicant No.1 with sexual intent

and when she shouted for help the father of the applicant No.1

came there. The applicants No.2 and 3 assaulted the father of

applicant No.1 and therefore, First Information Report came to

be registered against the applicants No.2 and 3. During

pendency of the investigation, the applicants have decided to

resolve their dispute. The applicants have therefore, filed the

present application jointly for quashing proceedings against the

applicants No.2 and 3. It is stated that in order to have peace

and harmony in their lives, the applicants are approaching this

Court. We have carefully considered the allegations in the First

Information Report. The applicant no. 1 in the application has

stated that the FIR came to be registered due to

misunderstanding and now in order to maintain peace and

harmony in the village and to maintain future relations, the

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apl - 983-2021-J.odt

applicant No. 1 has decided to withdraw all the allegations and

proceedings against the applicant nos. 2 and 3. Though the

offences punishable under the provisions of the Protection of

Children from Sexual Offences Act, 2012 are alleged against the

applicants No.2 and 3, on careful scrutiny of the allegations

along with the material produced, we are satisfied that the

ingredients in the First Information Report are not sufficient to

constitute the offences against the applicants No.2 and 3.

3. Though the offences under the provisions of the

Protection of Children from Sexual Offences Act, 2012 are

serious offences, but at this stage, it would be profitable to refer

the judgment of the Hon'ble Apex Court in the case of Narinder

Singh & others Vs. State of Punjab & another reported in AIR

2014 SCW 2065. The decision of the Hon'ble Apex Court makes

it clear that the Court cannot declare to quash the First

Information Report merely because the First Information Report

incorporates a particular provision which is a serious offence or

an offence against the society. The Court has to make an

endeavour to find out whether the First Information Report

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apl - 983-2021-J.odt

indeed discloses the ingredients of such offence and the Court

can accept the statement and quash the First Information

Report after the Court is of the opinion that such an offence is

unnecessarily incorporated in the First Information Report.

4. In view of the above, there is no impediment in

quashing the First Information Report and proceedings against

the applicants No.2 and 3.

5. We therefore, pass the following order.

The First Information Report No.9/2019, registered

with non-applicant - Police Station, Charge-sheet No.33/2019

and Special Child Protection Case No. 34/2019, pending before

the Special Court, Akola, are quashed and set aside against the

applicants No.2 and 3.

6. Rule is made absolute in the above terms. Pending

application(s), if any, stand(s) disposed of.

               JUDGE                                            JUDGE

 MP Deshpande



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