Bombay High Court
Shrikant S/O Shrikishan Tayde vs State Of Mah. Thr. Pso Gadgenagar ... on 13 April, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
1 apl565.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 565 OF 2023
APPLICANT : Shrikant s/o Shrikishan Tayde
Aged - 31 yrs, Occu - Private
R/o Arjun Nagar, Near Water Tank,
Amravati, District Amravati.
VERSUS
RESPONDENTS : 1. State of Maharashtra
Through P. S. O. ,Gadgenagar,
Amravati.
District Amravati.
2. XYZ (victim) through P.S.O.,
Gadgenagar in Crime No.2403/2021
dated 31.07.2021.
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Mr. M. Rai, Advocate for applicant.
Mr. V.A.Thakre, Additional Public Prosecutor for respondent No.1.
Mr. V.T.Deshpande, Advocate for respondent No.2.
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CORAM:- VINAY JOSHI AND
BHARAT P. DESHPANDE, JJ.
DATED : 13/04/2023.
ORAL JUDGMENT : (PER VINAY JOSHI, J.) :
1. Admit. Heard finally with the consent of learned
counsel appearing for the parties.
2. This is an application seeking to quash FIR in Crime
No.2403/2023 dated 31.7.2021 registered with Police Station
Gadgenagar, Amravati for offences punishable under Sections
2 apl565.23.doc
376(2)(n) and 377 of the Indian Penal Code, on account of
settlement. At the instance of report lodged by non-applicant no.2
- lady, Crime was registered. Non-applicant no.2 got married with
the applicant on 18.2.2021. It is her case that soon after marriage,
the behaviour of the applicant was improper. She alleges that the
applicant forced her to consume liquor and had unnatural sexual
relations. Besides that, she raises allegations about harassment
meted out by the applicant.
3. Initially, the applicant has approached to this Court
for quashing of the FIR, however, this Court has declined to
entertain the application. Resultantly, Criminal Application
No.1452/2022 has been withdrawn. Since it was domestic dispute
between married couple, with the intervention of friends and
relatives, the matter has been amicably settled. Both have decided
to end matrimonial ties for which they had jointly applied to the
competent Court for obtaining decree of divorce by mutual
consent. It was decided that the husband would pay total sum of
Rs.2,75,000/- towards permanent alimony. Since the matter is
settled, the informant has now no objection for quashing FIR. She
has also filed affidavit to that effect.
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4. The informant lady is present before us. She has
identified by Advocate B.T.Deshpande. On inquiry, the informant
stated that the matter is settled and, therefore, she do not wish to
prosecute the criminal case. She stated that out of matrimonial
dispute, under misunderstanding she has lodged report against her
husband. The informant also admits that she has received partial
amount of Rs. 1,50,000/- by way of demand draft.
5. Though, the offence of rape and unnatural sexual
intercourse has been registered, however, it was in between
husband and wife. Both are young having no issue from the
marriage. They decided to separate from each other so as to lead
their life as per their choice. It is alleged that continuation of
prosecution may put obstacles in their future plan of remarriage
wish somebody else. Since everything arose out of domestic
dispute, having regard to the peculiar facts of this case, we deem it
appropriate to quash the concerned FIR and related Criminal Case.
Certainly, quashing of the proceedings would meet the ends of
justice.
6. In view of the above, application is allowed. We
hereby quash and set aside the FIR in Crime No.2403/2023 dated
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31.7.2021 registered with Police Station Gadgenagar, Amravati for
offences punishable under Sections 376(2)(n) and 377 of the
Indian Penal Code and related Sessions Case No.352/2021
pending on the file of Additional Sessions Court, Amravati.
[BHARAT P. DESHPANDE, J.] [VINAY JOSHI, J.]
ambulkar
