Bombay High Court
Suraj @ Bablu Vikas Kumbhar vs The State Of Maharashtra And Ors on 23 February, 2023
Bench: Nitin W. Sambre, R. N. Laddha
Digitally
signed by
CHITRA
CHITRA SANJAY
SANJAY SONAWANE
SONAWANE Date:
2023.02.27
16:48:22
+0530
Chitra Sonawane.
apl-453.20.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 453 OF 2020
Suraj @ Bablu Vilas Kumbhar
Age - 23 Years, Occu - Driver
R/o - Chinchani (Ambak),
Tal-Kadegaon, Dist-Sangli. ... Applicant
Versus
1. State of Maharashtra
[Though Chinchani-Wangi Police Station,
Sangli, Vide C.R. No. 102/2019]
2. Shrikant Bhimsingh Rajput
Age - 40 Years, Occu. - Farmer,
R/o. - Near Subhrao Nete Kamanijaval,
Chinchani, Tal-Kadegaon, Dist-Sangli,
Kadegaon - 415304.
3. Miss X (Minor) through her Legal Guardian
Mother Mrs. Sunita Shrikant Rajput
Age - 40 Years, Occu. - Housewife,
R/o. - Near Subhrao nete kamanijaval,
Chinchani, Tal-Kadegaon, Dist-Sangli,
Kadegaon - 415304. ... Respondents
Mr Pramod S. Kumbhar for the Applicant.
Mr A. R. Kapadnis, APP for the Respondent-State.
Mr Priyal G. Sarda for original complainant/Respondent No.3.
Page No. 1 of 6
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23 February 2023
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apl-453.20.doc
CORAM: NITIN W. SAMBRE &
R. N. LADDHA, JJ.
DATE : 23 FEBRUARY 2023
Order (Per R. N. Laddha, J.) :-
Heard learned counsel for the parties.
2. Rule. The Rule is made returnable forthwith, at the request
of and with the consent of the learned counsel for the parties.
3. This is an Application for quashing FIR No. 102 of 2019,
registered at Chinchani-Wangi Police Station, Sangli, alleging the
commission of offences punishable under Sections 363, 366A, 376
(2)(n) of the Indian Penal Code and Sections 4 and 6 of the
Prevention of Children from Sexual Offences Act.
4. When this Application for quashing the impugned FIR was
placed before us, it was stated by both the learned Counsel for the
Applicant and Respondents No.2 and 3 that the dispute had been
amicably settled. They submitted that Respondents No.2 and
3/victim girl and the mother of the second Respondent had filed
the Consent Affidavit. They invited the attention of this Court to
their Affidavits and submitted that no purpose would be served by
keeping the prosecution alive, given the settlement between the
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parties. They submitted that, at the relevant time, the victim girl
got depressed and thoughtless, and in the heat of anger, she gave a
statement against the present Applicant. They submitted that due
to misconception and misunderstanding, the impugned FIR was
lodged against the Applicant. They submitted that the victim girl
wanted to continue her studies, but due to pending the impugned
CR, she could not concentrate. Further, they relied on the
judgments of this Court in Aditya s/o Hemant Deshmukh v/s State
of Maharashtra & Anr.1; Taj @ Arjun s/o Ajay Mishra & Anr. v/s
State of Maharashtra2 and Shambhu Kharwar v/s State of Uttar
Pradesh & Anr.3
5. Learned APP for Respondent No.1-State submits that
appropriate orders may be passed.
6. It reveals from the record that, on 17.9.2019, the impugned
FIR came to be lodged for the offence punishable u/s 363 of the
IPC, on the complaint of the father of the victim girl/Respondent
No.2 alleging therein that the victim, aged about 13 years and 11
months, left home on 08.09.2019 and did not return. Further, he
learned from Ganesh Pol and Sunil Bhosale that they saw the
victim girl with the Applicant. He, therefore, lodged a complaint
1 Criminal Application No. 379 of 2020 (Nagpur Bench) decided on 12.07.2021.
2 Criminal Application No. 988 of 2019, decided on 22.10.2019.
3 AIR 2022 SC 3901.
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alleging that the Applicant has enticed his daughter and taken her
from his lawful guardianship. Further, it reveals from the record
that after receiving the information, the police team apprehended
the Accused/Applicant with the victim girl at Barshi, District-
Solapur. In the statement before the Investigating Officer,
Respondent No.3 alleged that the Applicant had enticed her and
taken her to Barshi and, on the pretext of marriage, committed
sexual intercourse with her.
7. Respondents No.2 and 3 and the victim girl's mother are
present before us. We have confirmed from them the contents of
their affidavits. They have reiterated the facts mentioned in the
affidavit. They stated that the impugned FIR was lodged due to
misconception and misunderstanding. Further, the victim girl said
that she is now married and happy in her married life, and she do
not want to proceed with the matter. She said that, at the relevant
time, she was depressed, thoughtless, and acting as per the say of
other people. She got some suggestions from the people about
giving statement against the Applicant, and accordingly, she gave
her statement in depression, even though she did not want to do
the same. She said that at present, her age is 19 years. The
victim and her parents requested this Court to quash the
FIR.Their Counsel has identified them. Learned APP has verified
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their original Aadhar Cards.
8. We have examined the facts of the present case. Based on the
material on record, particularly the affidavits of Respondent No.2,
3/victim, and the mother of the victim girl, it is seen that the FIR
was lodged due to a misunderstanding between the parties. Taking
the allegations in the FIR as they stand, the ingredients of the
offences under Sections 363, 366A, 376 (2)(n) of the Indian Penal
Code and Sections 4 and 6 of the Prevention of Children from
Sexual Offences Act are absent. As the parties amicably settled
their dispute, the possibility of conviction is remote and bleak.
Since the parents of the victim girl and the victim girl herself will
not support the allegations made by the prosecution in the
impugned FIR, nothing fruitful will come out of the trial. It is not
in dispute that the offences u/Ss. 363, 366A, 376 (2)(n) of the
Indian Penal Code and 4 and 6 of the Prevention of Children from
Sexual Offences Act are serious and can not be quashed by consent.
We are also conscious that merely because the victim and her
parents do not want to proceed with the matter and they have
amicably settled their dispute, that will not absolve the
Applicant/Accused from criminal liability. However, considering
the peculiar facts and circumstances, we must also consider the rival
submissions of the parties. It is the contention of the learned
Counsel for the Petitioner and Respondents No.2 and 3 that the
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FIR was lodged due to misconception and misunderstanding. It is
also the contention of the victim girl that when her statement was
recorded she was depressed and thoughtless. She got suggestions
from the people to state against the Applicant, and accordingly, she
gave her statement in depression, even though she did not want to
do the same.
9. Considering the peculiar facts and circumstances of the case
and the settlement between the parties, Respondents No.2 and 3
will not support the prosecution case. Respondent No.3/victim girl
is already married and leading marital life happily. Allowing
criminal prosecution to continue may disrupt her life, compromise
and interfere with the restoration of peace. Nothing fruitful will,
therefore, come out of the trial in question. Moreover, no offence
as alleged is prima facie made out against the Applicant. In such
circumstances, we see no difficulty in quashing the impugned FIR
and the proceedings arising therefrom. Accordingly, the application
is allowed, and the impugned FIR No. 102 of 2019, registered at
Chinchani-Wangi Police Station, Sangli, is quashed and set aside.
The Rule is made absolute in the above terms.
R. N. LADDHA, J. NITIN W. SAMBRE, J.
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23 February 2023
