Janardhan S/O Narayan Magar vs State Of Mah. Thr. Pso Ps Mahagaon ...
2022 Latest Caselaw 4675 Bom

Judgment

                                                                 apl362.22 1

                                      1

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR
             CRIMINAL APPLICATION (APL) NO.362 OF 2022

Janardan s/o Narayan Magar,
Aged about 39 years, occupation: service, r/o
Jagdamba Nagari, near P.N. College,
Pusad, tahsil and district Yavatmal.      ..... Applicant.

                             :: V E R S U S ::

1. State of Maharashtra,
Through Police Station Officer P.S.
Mahagaon, district Yavatmal.

2. Sau.Swati Ashok Paikine, aged about
42 years, occupation:- housewife, r/o
prabhag no.2, Mahagaon, tahsil:-
Mahagaon, district:- Yavatmal.      ..... Non-applicants.
===================================
Shri P.S.Chawhan, Counsel for the Applicant.
Shri N.B.Kalwaghe, 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 P.S.Chawhan for the applicant,

learned counsel Shri N.B.Kalwaghe 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 No.553/2021

                                                                     .....2/-
 Judgment

                                                                      apl362.22 1

                                       2

registered with Mahagaon Police Station, Yavatmal for offences punishable

under Sections 354 and 506 of the Indian Penal Code.


3.            Non-applicant No.2 lodged the First Information Report with

an accusation that the applicant outraged her modesty.


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

applicant No.2 have mutually arrived at an amicable settlement.


5.            Here, it is to be noted that the wife of the applicant and

husband of non-applicant No.2 are working in the same school. Today, this

Court in Criminal Application No.540/2022 has quashed First Information

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

applicant No.2.    Allegations in the First Information Report in present

application and allegations in First Information Report in the said

application are similar in nature.


6.            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 and

to maintain good relations in the school they are settling the matter

amicably.


7.            We have carefully considered the allegation in the First


                                                                         .....3/-
 Judgment

                                                                 apl362.22 1

                                     3

Information Report.


8.           In this view of the matter and in view of the fact that First

Information Report which has been quashed by this Court today in

Criminal Application No.540/2022 in view of amicable settlement arrived

at between them and also the fact that parties to the present application

have also arrived at an amicable settlement between them, we find that

this is a fit case wherein continuation of proceedings initiated against the

applicant needs to be quashed. Hence, we pass following order:


                                  ORDER

(1) The criminal application is allowed.

(2) First Information Report No.553/2021 registered with Mahagaon

Police Station, Yavatmal for offences punishable under Sections 354 and

506 of the Indian Penal Code is hereby quashed.

Rule is made absolute in aforesaid terms.

             JUDGE                                   JUDGE

!! BRW !!         Digitally signed
                  by BHUSHAN
BHUSHAN           RANA
RANA              WANKHEDE
WANKHEDE          Date:
                  2022.05.02
                  17:49:29 +0530
                                                                      ...../-