Bombay High Court
Suhas Shalikrao Musale vs State Of Mah. Thr. Pso Ps Sewagram ... on 10 August, 2022
Bench: Manish Pitale, Valmiki Sa Menezes
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO.488/2022
Suhas Shalikrao Musale
Vs.
State of Maharashtra, through Police Station Officer, P.S. Sewagram, Wardha & Anr.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mrs. Shilpa P. Giratkar, Advocate for the Applicant.
Mr. I.J. Damle, APP for Non-applicant No.1/State.
Mr. C.B. Dharmadhikari, Advocate for Non-applicant No.2.
CORAM : MANISH PITALE AND
VALMIKI SA MENEZES, JJ.
DATED : 10th AUGUST, 2022.
Heard Mrs. Shilpa Giratkar, learned counsel for the
applicant as well as Mr. I.J. Damle, learned Assistant Public
Prosecutor for non-applicant No.1/State and Mr. C.B.
Dharmadhikari, learned counsel for non-applicant No.2.
2. By this application, the applicant is seeking quashing
of FIR No.546/2021 dated 24.09.2021, registered at Police
Station Sewagram, District Wardha for offences under Sections
376-AB, 376(2)(n) and 506 of the Indian Penal Code as well as
under Sections 4, 6 and 21 of the Protection of Children from
Sexual Offences Act, 2012. The applicant is also seeking
quashing of charge-sheet dated 17.11.2021, filed in pursuance
of completion of investigation.
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3. Mrs. Shilpa Giratkar, learned counsel appearing for
the applicant submits that the material now available on record
pursuant to completion of investigation, shows that neither the
medical evidence in the form of medical examination of the
victim nor her statement recorded under Section 164 of the
Code of Criminal Procedure, 1973 (Cr.P.C.) before the
Magistrate, support the grievance sought to be raised, when oral
report was submitted on 23.09.2021, leading to registration of
the FIR. By relying upon the statement recorded under Section
164 of the Cr.P.C., learned counsel appearing for the applicant
submitted that there was no purpose in sending the matter to
trial.
4. Mr. C.B. Dharmadhikari, learned counsel appearing
for non-applicant No.2 also invited attention of this Court to
the statement of the said non-applicant recorded under Section
164 of the Cr.P.C. and submitted that appropriate orders may
be passed by this Court.
5. Mr. I.J. Damle, learned Assistant Public Prosecutor
appearing for non-applicant No.1/State has submitted that the
material available on record clearly shows that very serious
allegations have been made against the applicant, leading to
registration of offences for which punishment includes
imprisonment for the remainder of natural life of the accused. It
is submitted that statement of the non-applicant No.2 herself
during the course of the investigation and the statements of
other witnesses clearly show that a case for trial is made out.
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Even as regards the contents of the statement recorded under
Section 164 of the Cr.P.C. and the contents of the medical
examination report, it was submitted that all such material also
indicates that a trial needs to be conducted to get to the truth of
the matter.
6. We have perused the material placed on record. We
have also perused the reply filed on behalf of the non-applicant
No.2, which relies upon the statement of the said non-applicant
recorded under Section 164 of the Cr.P.C. before the
Magistrate, as also the statement made on her behalf that she
had given the complaint against the applicant i.e. her own
father, under some misconception and also under the influence
of a boy and an NGO.
7. But, we cannot be oblivious about the fact that the
oral report dated 23.09.2021, submitted by the non-applicant
No.2, levels very serious allegations against the applicant. This
has led to registration of serious offences against the applicant.
The statements recorded during the course of the investigation
indicate that the applicant appears to have given statements to
the other witnesses as regards the alleged sexual harassment, she
was suffering at the hands of the applicant, who happens to be
her father.
8. Although the non-applicant No.2 in her statement
recorded before the Magistrate under Section 164 of the
Cr.P.C., appears to have stated that the applicant did not act
-4- 42.APL.488.2022.odt
against her in a forcible manner, we are of the opinion that the
material available on record in pursuance of the investigation
triggered by registration of the FIR, deserves to go to trial. The
trial court will be able to get to the truth of the matter after
recording of evidence of the witnesses and after appreciating the
documentary evidence available on record. The effect of the
statement recorded under Section 164 of the Cr.P.C. can also be
taken into consideration by the trial court.
9. The Hon'ble Supreme Court in various judgments,
including judgment in the case of Gian Singh Vs. State of
Punjab and Another reported in (2012) 10 SCC 303, has
indicated that in certain cases, FIRs and charge-sheets can be
quashed upon settlement between the parties or if the
informant/complainant comes forward to state that the FIR
stood registered due to misunderstanding. But, in the same
judgment, heinous crimes have been specifically categorized to
be treated in a different manner and it is clarified that FIRs and
Charge-sheets pertaining to heinous offences cannot be quashed
on the basis of such statements made by the
informant/complainant, by exercising power under Section 482
of the Cr.P.C.
10. In view of the above, we are of the opinion that this
is not a fit case for exercising inherent power in order to
consider the application favourably.
11. Accordingly, the application is dismissed.
-5- 42.APL.488.2022.odt
12. The trial court is directed to conduct the trial in
Special Case No.124/2021 in an expedited manner.
(VALMIKI SA MENEZES, J.) (MANISH PITALE J.)
Vijay
Digitally Signed By:VIJAY KUMAR
Personal Assistant
to Hon'ble JUDGE
Signing Date:11.08.2022 11:31
