Bombay High Court
Sukhpalsing S/O Surjitsingh ... vs The State Of Mah. Thr. Pso Ps ... on 5 May, 2022
Bench: V.M. Deshpande, Amit B. Borkar
1 APL668.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] NO. 668 OF 2022
APPLICANT : Sukhpalsingh S/o Surjitsingh Bhullar,
Aged about 40, Occu. Nil,
R/o Plot No. 83(A), Gurunanakpura,
Kamal Square, Nagpur.
VERSUS
NON-APPLICANTS : 1] State of Maharashtra,
through Police Station Officer,
Police Station, Sonegaon, Nagpur.
2] Utkarsha D/o Keshav Nagpure,
Aged about 35 years, Occu. Service,
R/o Plot No. 36, Sanmati Layout,
Jayanti Mansion-6, Manish Nagar,
Nagpur.
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Shri M. G. Sharma, Advocate for the applicant
Shri M. K. Pathan, A. P .P. for the non-applicant no.1/State
Shri A. S. Band, Advocate for the non-applicant no.2.
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CORAM : V. M. DESHPANDE and
AMIT B. BORKAR, JJ.
DATE : MAY 05, 2022.
ORAL JUDGMENT (Per : Amit B. Borkar, J.)
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of the parties.
2 APL668.22.odt
2. By this application under Section 482 of the Code of
Criminal Procedure, the applicant is challenging registration of the
first information report vide Crime No. 81/2015 with Police Station,
Sonegaon, Nagpur and consequent criminal proceeding bearing
Summary Criminal Case No. 8499/2016, pending in the Court of
learned 15th Joint Civil Judge Junior Division and Judicial Magistrate
First Class, Nagpur
3. The first information report in question came to be
registered against the applicant with accusations that the applicant
and non-applicant no.2 were in love relationship from 2008,
however, the applicant declined to marry with non-applicant no.2. It
is also alleged that in 2014, the applicant met with an accident
resulting into causing injuries to him. It is also alleged that
thereafter, the applicant has uploaded their photograph on social
media and all this has resulted into lodging first information report
in question. The applicant has, therefore, challenged registration of
the first information report by filing the present application.
4. The investigating agency after completion of the
investigation, filed charge-sheet against the applicant.
3 APL668.22.odt
5. We have heard Shri M. G. Sharma, learned counsel for
the applicant, Shri M. K. Pathan, learned Additional Public
Prosecutor non-applicant no.1 and Shri A. S. Band, learned counsel
for non-applicant no.2.
6. During pendency of this application, the applicant and
non-applicant no.2 have amicably resolved their dispute and arrived
at a settlement.
7. Today, non-applicant no.2 is personally present in the
Court and has also filed an affidavit stating that she has no objection
for quashing the criminal proceedings initiated against the applicant.
The affidavit filed by non-applicant no.2 is taken on record and
marked as "Exhibit-X" for the purposes of identification.
8. We have carefully gone through the entire material
placed on record in the form of charge-sheet. It appears that the
applicant is a handicapped person and is on wheel chair. It also
appears that the applicant and non-applicant no.2 were in
relationship and the applicant had promised non-applicant no.2 to
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marry with her. After going through the allegations in the first
information report and the material produced in the form of charge-
sheet, we are satisfied that the ingredients of the offence as alleged
against the applicant are not fulfilled even if the material in the
charge-sheet is taken on its face value.
9. The Hon'ble Apex Court in Narinder Singh .vs. State of
Punjab, reported in 2014 AIR SCW 2065 has observed that the Court
cannot decline to quash criminal case in which the first information
report incorporates a particular provision, which is a serious offence
or an offence against the society. The Court shall make all endeavor
whether the first information report indeed discloses the ingredient
of such offence and Court can accept the settlement and quash the
first information report, if the Court is of the opinion that such
offence is unnecessarily incorporated in the first information report.
10. In view of the judgment of the Hon'ble Apex Court in
Narinder Singh's case (supra) and in view of amicable resolution of
the dispute between the applicant and non-applicant no.2, there is
no impediment for quashing of the first information report and the
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consequent criminal proceedings against the applicant. We,
therefore, pass the following order :
ORDER
1. The Criminal Application is allowed.
2. Rule is made absolute in terms of prayer clause (A),
which reads as under :
"quash and set aside further proceedings in learned 44-
15th Joint C.J.J.D. and J.M.F.C., Nagpur, vide S.C.C. Case
No. 8499/2016, for the offence punishable under
Sections 354-D, 504, 506 of the Indian Penal Code,
registered vide C.R. No. 81/2015 at P.S., Sonegaon,
Nagpur against applicant in view of settlement between
applicant and respondent no.2."
(AMIT B. BORKAR, J.) (V.M.DESHPANDE, J.)
Diwale
Digitally signed byPARAG
PRABHAKARRAO DIWALE
Signing Date:06.05.2022
12:40
