Ashok S/O Prabhuji Paikine vs The State Of Mah. Thr. Pso Ps ...
2022 Latest Caselaw 4674 Bom

Judgment

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                  NAGPUR BENCH, NAGPUR
           CRIMINAL APPLICATION (APL) NO.540 OF 2022

Ashok s/o Prabhuji Paikine, aged about 55
years, occupation: service, r/o ward No.5,
Mahagaon, tahsil Mahagaon, district Yavatmal. ..... Applicant.

                             :: V E R S U S ::

1. The State of Maharashtra, through the Police
Station Officer, Police Station Mahagaon, tahsil
Mahagaon, district Yavatmal.

2. Ku.Surekha Subhash Jadhav, aged 36 years,
occupation: service, r/o at Mudana, tahsil
Mahagaon, district Yavatmal.               ..... Non-applicants.
===================================
Shri N.B.Kalwaghe, Counsel for the Applicant.
Shri P.S.Chawhan, Counsel for Non-applicant No.2.
Shri S.M.Ghodeswar, Additional Public Prosecutor for the State.
===================================
CORAM       : V.M.DESHPANDE & AMIT B.BORKAR, JJ.
DATE        : MAY 02, 2022

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

1.           Heard    learned   counsel      Shri   N.B.Kalwaghe    for   the

applicant, learned counsel Shri P.S.Chawhan for non-applicant No.2,

and learned Additional Public Prosecutor Shri S.M.Ghodeswar for the

State. Rule. Rule made returnable forthwith. Heard finally by consent

of learned counsel for respective parties.


2.           By this application, under Section 482 of the Code of

Criminal Procedure, the applicant challenges First Information Report

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 Judgment

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No.552/2021 registered with Mahagaon Police Station, Yavatmal for

offences punishable under Sections 354, 323, and 506 of the Indian

Penal Code. The First Information Report came to be registered against

the applicant with accusations that the applicant outraged modesty of

non-applicant No.2.


3.           The applicant is working as headmaster and non-applicant

is working as teacher in the same school.


4.           It appears that the wife of the applicant has also lodged a

First Information Report against husband of non-applicant No.2.


5.           During pendency of investigation, the applicant and non-

applicant No.2 have arrived at settlement.


6.           Non-applicant No.2 has filed an affidavit stating therein

that she has no objection if proceedings lodged against the applicant by

her is quashed on a condition that the applicant shall not cause any

problem to her in future.     It is also stated in the affidavit that to

maintain good relations in the school they are settling the matter

amicably.


7.           Having heard learned counsel for respective parties and

carefully gone through allegations in the First Information Report in


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 Judgment

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question and First Information Report lodged by the wife of the

applicant against husband of non-applicant No.2, we find that the First

Information Report in question is a counterblast to First Information

Report lodged by the wife of the applicant against husband of non-

applicant No.2. We find that initiation of proceedings would amount to

abuse of process of the Court since parties have resolved their dispute

amicably.


8.            Non-applicant No.2 present in the Court hall stated that

she has amicably resolved the dispute between her and the applicant.

She stated that she has voluntarily filed the affidavit stating in it that she

has no objection if proceedings lodged against the applicant by her is

quashed on a condition that the applicant shall not cause any problem to

her in future and to maintain good relations in the school they are

settling the matter amicably.


9.            In this view of the matter, since we find that this is a fit

case wherein continuation of proceedings initiated against the applicant

needs to be quashed, we pass following order:


                                   ORDER

(1) The criminal application is allowed.

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Judgment

apl540.22 1

(2) First Information Report No.552/2021 registered with Mahagaon

Police Station, Yavatmal for offences punishable under Sections 354,

323, and 506 of the Indian Penal Code is hereby quashed.

Rule is made absolute in aforesaid terms.

            JUDGE                                  JUDGE

!! BRW !!       Digitally signed
                by BHUSHAN
                RANA
BHUSHAN         WANKHEDE
RANA            Date:
WANKHEDE        2022.05.02
                17:54:02
                +0530




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