Bombay High Court
Pavan S/O Jagdeo Survade And ... vs State Of Mah. Thr. Pso Ps ... on 17 April, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] NO. 137/2023.
1.Pavan s/o Jagdeo Survade,
Aged about 27 years,
Occupation - Education, resident
of Mahalungi Jahagir, Taluka
Motala, District Buldhana
[Mob.No.9970380136]
[Aadhar Card No.5900-8411-8293]
2.Sagar s/o Ashok Bawaskar,
Aged about 27 years, Occupation
Education, resident of Betavad,
Taluka Jamner, District Jalgaon.
[Mob.No.844612867]
[Aadhar Card No.2735-7631-6774] ... APPLICANTS.
VERSUS
1.State of Maharashtra,
through Police Station Officer
Police Station Dhamangaon Baddhe,
Taluka and District Buldhana.
2.XYZ,
[Victim in Crime No.0150/2021
Police Station Dhamangaon Baddhe,
District Buldhana] ... NON-APPLICANTS.
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Mr. V. Awchat, Advocate for Applicants.
Mr. V.A. Thakare, A.P.P. for Non-applicant No.1/State.
Mr. K.V. Bhoskar, Advocate for Non-applicant No.2.
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CORAM : VINAY JOSHI AND
BHARAT P. DESHPANDE, JJ.
DATE : APRIL 17, 2023.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard finally by consent of the learned Counsel present
for the parties.
Admit.
2. This is an application seeking to quash the first
information report bearing Crime No.150/2022 registered with the
Dhamangaon Baddhe Police Station, Buldhana for the offence
punishable under Sections 376, 376[2][n], 506 read with Section 34
of the Indian Penal Code and Section 67[a] of the Information
Technology Act. Applicants seek to quash the first information
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report on merits as well as on account of settlement between the
parties.
3. It is the contention of applicants that the contents of the
first information report and investigating paper clearly disclose that
it is a case of consensual relationship in between two adults which
cannot be termed as an offence of rape. It is submitted that both
were in love relationship and the sexual relationship was out of love
and own wish, but, due to misunderstanding the report has been
lodge. Applicants further submit that even after the lodgement of
the report both decided to marry and engagement ceremony was
held, but, marriage could not materialize.
4. The informant / lady aged 21 years stated that applicant
no.1 was her distant relative and was well acquainted with her. Both
of them were in love relationship, in which the applicant no.1
proposed for marriage. They had physical relationship at umpteen
times. Some where in the month of March, 2021 the informant got
engaged with some other to which applicant no.1 gave threat.
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Moreover, applicant no.1 has video-graphed the informant in
obscene position and it was sent to brother of the informant through
applicant no.2. Since applicant no.1 refused to marry, the report has
been lodged.
6. Our attention has been invited to statement of informant
recorded by the Magistrate in terms of Section 164 of the Code of
Criminal Procedure. In said statement, she has stated that out of
love relationship there were sexual relations and then both have
decided to marry. She has stated about their frequent relations and
finally stated that on 11.06.2021 they underwent engagement
ceremony, and therefore, she has no grievance.
7. Conjoint reading of the first information and statements
recorded under Section 164 of the Code discloses that both had
relationship out of love affair. The material does not indicate that
only because the applicant gave promise to marry, therefore, the
informant agreed to maintain sexual relations. Besides that parties
have settled the matter as marriage of informant has been fixed
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some where else. She has filed an affidavit and also appeared before
this Court and identified by her Advocate. She contends that the
matter is settled and she do not wish to prosecute the matter further.
8. Insofar as the offence under Section 376 of the Indian
Penal Code is concerned, though it is a serious offence, but, at this
stage it would be profitable to refer to the judgment of the Hon'ble
Apex Court in the case of Narinder Singh & others Vs. State of
Punjab & another - AIR 2014 SCW 2065. The decision of the Hon'ble
Apex Court makes it clear that the Court cannot declare to quash the
first information report merely because the first information report
incorporates a particular provision which is a serious offence or an
offence against the society. The Court has to make an endeavour to
find out whether the first information report indeed discloses the
ingredients of such offence and the Court can accept the statement
and quash the first information report/charge-sheet after the Court is
of the opinion that such an offence is unnecessarily incorporated in
the first information report/charge-sheet. In the facts of the present
case, though Section 376 of the Indian Penal Code is incorporated in
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the first information report, the essential ingredients of Section 376
of the Indian Penal Code are missing.
9. From perusal of the first information report and the
material produced, we are satisfied that the ingredients of the
offences alleged against the Applicant No.1 are not fulfilled. Since
the Applicants have mutually resolved their dispute, chances of
conviction are bleak.
10. In view of the judgment of the Hon'ble Supreme Court in
the case of Narinder Singh (supra) and in view of the settlement of
dispute between the parties, there is no impediment in quashing the
first information report and charge-sheet against Applicants, hence,
the following order is passed:-
ORDER
[i] Criminal Application is allowed and disposed of.
[ii] The first information report bearing Crime No. 150/2022
registered with the Dhamangaon Baddhe Police Station,
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Judgment apl137.23
Buldhana for the offence punishable under Sections 376,
376[2][n], 506 read with Section 34 of the Indian Penal
Code and Section 67[a] of the Information Technology
Act is hereby quashed and set aside against the
applicants.
JUDGE JUDGE
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