Bombay High Court
Rakesh Ramesh Thombre And Another vs State Of Mah., Thr. P.S.O. Ps ... on 9 August, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
Judgment 930 apl 114.20
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 114/2020
1. Rakesh Ramesh Thombre,
Aged 25 yrs., Occ. Agriculturist,
R/o. Kukudsat, Post Lakhmapur,
Tah. Korpana & Dist. Chandrapur.
(Applicant No.1 is present in criminal
revision, Chandrapur.)
2. Pranjali Anil Bataki,
aged about 18 yrs., Occ. Student,
R/o. Rana Post Marda,
Tq. Warora, Dist. Chandrapur.
... APPLICANTS
VERSUS
The State of Maharashtra,
through Police Station Officer,
Police Station Warora,
Dist. Chandrapur.
... NON-APPLICANT
---------------------------------
Mr. S.V. Sirpurkar, Advocate for applicants.
Mr. N.R. Rode, APP for non-applicant/State.
----------------------------------
CORAM : VINAY JOSHI AND
VALMIKI SA MENEZES, JJ.
DATE : 09.08.2023.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Applicants seek to quash First Information Report ('FIR')
Judgment 930 apl 114.20
vide Crime No. 1448/2019 for the offence punishable under Sections
376(1), 506 of the Indian Penal Code, Section 4, 12, of the
Protection of Children From Sexual Offence Act ('POCSO') along
with charge-sheet No. 56/2020 for the offence punishable under
Section 376(2)(a), 506 of the Indian Penal Code, Section 4,12 of the
POCSO Act and Section 67(b) of the Information Technology Act,
2008 registered with Police Station Warora, Chandrapur on merits as
well as on account of mutual settlement.
3. At the instance of report lodged by informant girl aged 18
years, crime was registered. According to informant, applicant had
sexually exploited her under promise of marriage. On the basis of
said report, crime was registered. The Police investigated the matter
and on completion, filed charge-sheet. It is informed that the Trial
Court has yet not framed the charges. Post registration of FIR both
in love had married on 14.02.2020 and the marriage was registered
on 28.03.2023. The marriage registration certificate has been
produced. Informant has stated on affidavit about settlement, her
marriage and non-inclination to go on with the trial.
Judgment 930 apl 114.20
4. Today, the informant girl is present before us along with
her father. Both are identified by their Advocate Mr. Sirpurkar
before the Court. On our query, the victim girl has specifically stated
that she got married with applicant No.1 (accused) on 14.02.2020
and since then she is residing with him. Additionally it is stated that
the informant and applicant No.1 had a baby from marriage and they
are residing together happily. Father of victim also stated that by the
time, both have married and residing together.
5. Though the offence is of serious nature, however this case
has peculiar facts of its own. It reveals that while the girl was at the
verge of majority, they have developed friendship through Facebook.
Applicant No.1 (accused) assured for marriage and had established
sexual relations. It is stated that the relation was out of intimacy. It
is argued that applicant No.1 got married with the girl, hence has no
intention to deceive at all. It reveals that both got married prior to
two years and blessed with a child on 09.12.2020. Presently, they
are living happily together. In the circumstances, if the prosecution
is allowed to continue, it would be at the detriment of their
matrimonial life. Since both are married and living together, there is
Judgment 930 apl 114.20
no purpose in continuing the criminal prosecution. The ends of
justice can be secured by quashing the proceeding with sole object of
saving the marriage and future of child.
6. In view of above peculiar facts, we are inclined to exercise
our inherent powers. Hence, application is allowed. We hereby
quash and set aside FIR vide Crime No. 1448/2019 for the offence
punishable under Sections 376(1), 506 of the Indian Penal Code,
Section 4, 12 of the Protection of Children From Sexual Offences Act
('POCSO') along with charge-sheet No. 56/2020 for the offence
punishable under Section 376(2)(a), 506 of the Indian Penal Code,
Section 4,12 of the POCSO Act and Section 67(b) of the Information
Technology Act, 2008 registered with Police Station Warora,
Chandrapur and pending criminal cases on account of mutual
settlement.
7. Application stands disposed of in above terms.
(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)
Gohane
