Bombay High Court
Aakash Suresh Waghmare vs State Of Mha. Thr. Pso Ps Shegaon ... on 16 December, 2022
Bench: S.B. Shukre, M. W. Chandwani
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION [APL] NO.981 OF 2022
Applicant : Aakash Suresh Waghmare,
Aged about 32 years, Occ. Police Constable,
R/o Renuka Nagar, Ward No.12, Shegaon,
District Buldana.
- Versus -
Non-Applicants : 1. State of Maharashtra,
Through Police Station Officer,
Police Station Shegaon, Buldana.
2. XYZ (Victim) in Crime No.243/2022,
Through Police Station Shegaon,
Buldana.
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Shri S.V. Sirpurkar, Advocate for the Applicant.
Shri S.M. Ghodeswar, A.P.P. for Non-Applicant No.1.
Ms. Sapna Jadhav, Advocate for Non-Applicant No.2.
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CORAM: SUNIL B. SHUKRE AND M.W. CHANDWANI, JJ.
DATE : 16st DECEMBER, 2022.
ORAL JUDGMENT : (Per Sunil B. Shukre, J.)
Rule. Rule made returnable forthwith. Heard finally by the consent
of learned Counsel appearing for the parties.
02] Learned Counsel for non-applicant No.2, who is the victim and the
complainant, states that the complainant is personally present and as stated in
her reply filed before the Court directly, which is taken on record and marked
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as Document-A for identification, the complainant does not wish to press the
allegations against the applicant for the reason that the complainant is a
married woman having a daughter to take care of and this criminal case is
adversely affecting her married life as well as the future of her daughter. She,
therefore, submits that non-applicant No.2 intends to withdraw all her
allegations against the applicant.
03] On going through the F.I.R. made by non-applicant No.2 against the
applicant, we are of the view that serious doubts arises as to whether or not,
any such offences as are punishable under Sections 376, 377 and 506 of the
Indian Penal Code are prima facie constituted for the reason that at the time
when the alleged sexual intercourse took place between non-applicant No.2
and the applicant for the first time, non-applicant No.2 was already working
as a Police Head Constable and if there was really some force having been
applied by the applicant in engaging himself illegally with non-applicant No.2,
non-applicant No.2 would have certainly lodged a police report against the
applicant. But, non-applicant No.2 did not do so, rather non-applicant No.2
later on responded to the calls of the applicant and continued to meet him and
even allow him to get physical with her. Of course, non-applicant No.2 states
that her subsequent sexual dalliance with the applicant was under pressure as
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the applicant had threatened to blackmail her. The details of the alleged
threats of blackmailing, however, have not been given by non-applicant No.2.
And, this is in addition to the fact that all these sexual encounters occurred in
between the applicant and non-applicant No.2, as per the version of non-
applicant No.2, when non-applicant No.2 was already married and having a
small daughter to take care of. This would make us conclude that this is a
case, which falls within the parameters laid down in the case of State of
Haryana and others vs. Bhajan Lal and others - 1992 Supp (1) SCC 335,
warranting interference by this Court.
04] From the reply filed on record by non-applicant No.2, which is
marked as Document-A for the purpose of identification, it appears that now
non-applicant No.2 has realized her mistake and thinking of the need for
protecting her marital life and also future of her daughter, now she has
decided to withdraw the allegations made against the applicant. In other
words, the reason given by non-applicant No.2 for taking such a decision, in
our opinion, is one of likelihood of bringing in harmony not only in the family
of non-applicant No.2, but also between the non-applicant on the one hand
and the applicant on the other, of course in healthy terms. If this is so, this
case would also be covered by the judgment of the Supreme Court rendered in
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the recent case of Kapil Gupta vs. State of NCT of Delhi & anr. In Criminal
Appeal No.1217 of 2022, dated 10/08/2022 , wherein the Apex Court in
paragraph 13 has observed that the Court is required to take into
consideration as to whether or not any settlement between the parties is going
to result into harmony between them, which may improve their mutual
relationship. Of course, in this case, there is no mutual settlement between the
parties, but the gesture made by non-applicant No.2 is suggestive of the fact
that now she is ready to bury her differences with the applicant and lead a
peaceful life ahead.
05] In the result, the application deserves to be allowed and it is
allowed in terms of prayer clause (1), which reads as under:
"(1) Quash and set aside F.I.R. No. 243/2022 registered at Police
Station Shegaon, Buldana under Section 376, 377, 506 of Indian
Penal Code as against the applicant.
06] Rule is absolute in the above terms.
07] At this stage, the learned Counsel for non-applicant No.2 makes a
request to issue a direction to the applicant not to circulate in any manner this
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judgment and order anywhere, not in the department, nor amongst his
friends, nor in any Whatsapp group, nor anywhere in any social platform.
08] The learned Counsel for the applicant, on instructions, submits that
the applicant has undertaken to not circulate the copy of this judgment and
order anywhere, as desired by learned Counsel for non-applicant No.2. The
assurance given to this Court by non-applicant No.2 through his learned
Counsel is accepted and we hope that the applicant shall keep his words.
(M.W. CHANDWANI, J.) (SUNIL B. SHUKRE, J.)
*sandesh
