Bombay High Court
Ankush S/O Ashok Shahu 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. 896/2022.
Ankush s/o Ashok Shahu,
Aged about 27 years,
Occupation - Business,
resident of Flat No.39, Anand Nagar,
Binaki Mangalwari, Nagpur. ... APPLICANT.
VERSUS
1.State of Maharashtra,
through Police Station Officer
of Police Station Yashodhara Nagar,
Nagpur.
2.Victim XYZ,
Crime No.273/2022, Police Station
Yashodhara Nagar,
Nagpur. ... NON-APPLICANTS.
---------------------------------
Mr. J.B. Gandhi, Advocate for the Applicant.
Mr. N.R. Rode, A.P.P. for Non-applicant No.1/State.
Mr. N.R. Tekade, 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.273/2022 registered with the
Yashodhara Nagar Police Station, Nagpur for the offence punishable
under Section 376 [2][n] of the Indian Penal Code on account of
merits as well as, settlement in between the parties.
3. The non-applicant no.2/informant lady aged 20 years has
lodged a report on 30.04.2022, alleging the offence of rape. It is her
case that some wherein the year 2020, she got acquainted with the
applicant, who was running a chemist shop. Intimacy developed in
between them. In the month of July, 2021, the applicant expressed
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his desire to marry, took the victim to a lodging house at Ramtek,
where he had sexual relations. Lateron again on some occasion he
took her to his house and lodging house and they had sexual
relations. It is informant's case that the applicant was expressing his
desire to marry and under said pretext has maintained sexual
relations.
4. The informant has stated that her marriage was fixed on
06.03.2022 with somebody else. Two days prior to the said
marriage, the applicant again assured her for marriage and
established sexual relations. Lateron even after marriage, he gave
promise to marry and maintained the relationship. Finally after
demise of husband of informant, the applicant refused to marry and
therefore, the report.
5. The learned Counsel for the applicant submits that the
story itself postulates a case of consensual sexual relationship in
between the two. It is argued that there was no element of force or
compulsion. Bare perusal of the report indicates that the informant
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had sexual relations barely two days prior to her marriage with some
body else. Moreover, she had relation with the applicant during
subsistence of her marriage. Prima facie all these contentions goes to
show that the informant was well aware that she could not marry
with the applicant as she was already married, but, still she
maintained relationship. This supports the contention of the
applicant that it is a case of consensual relationship.
7. Besides that now the parties have settled the matter. The
informant lady has filed her reply stating that under misconception
she has lodged the report. The informant is present in the Court and
is identified by her Advocate. We have enquired with the informant
on which she states that she do not want to prosecute the applicant,
and therefore, gave no objection to quash the first information
report.
8. Apparently there appears to be relationship with consent.
The entire story no where supports the informant's case that only
because of promise to marry, she has consented for sexual
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relationship. Besides that as the matter has been settled, the chances
of conviction are remote and bleak. The allegations levelled in the
first information report even if accepted at its face value, does not
make out a case of deception on the part of the applicant.
9. We have brought to the notice of the applicant that due to
registration of the first information report the police machinery has
been set into motion. At this juncture, the applicant has shown his
willingness to deposit an amount of Rs.10,000/- towards cost. It
needs to be mentioned that though the offence of rape has been
registered, however, the facts are peculiar that the element of false
promise does not emerges from the police report. Moreover, the
matter is settled. In the circumstances, we deem it appropriate to
invoke our inherent jurisdiction and pass the following order.
ORDER
[i] Criminal Application is allowed and disposed of.
[ii] The first information report bearing Crime No.273/2022
registered with the Yashodhara Nagar Police Station,
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Nagpur for the offence punishable under Section 376 [2]
[n] of the Indian Penal Code is hereby quashed and set
aside, on condition that the applicant deposits an amount
of Rs.10,000/- with the High Court Bar Association,
Nagpur on or before 27.04.2023.
[iii] List the matter for reporting compliance on 28.04.2023.
JUDGE JUDGE
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