Bombay High Court
Dayashankar Nemalal Passi And ... vs State Of Mha. Thr. Pso Ps Kanhan ... on 2 January, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
1/4 72.apl.1697.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 1697/2022
1. Dayashankar Nemalal Passi,
Age - 29 Years, Occ.- Labour,
R/o. Ward No.2, Durga Mata Mandir Chowk,
Bhoyar Mohalla Pipri, Post Kanhan Pipri,
Parseoni, Sihora, Nagpur.
2. Roshan @ Sahil Chandrbhan Chaudhari,
Age - 26 Years, Occ.- Labour,
R/o. Athwadi Bazar, Guzarpura, Mohapa,
Tq. Kalmeshwar, Dist. Nagpur. APPLICANTS
Applicants are Accused No. 2 and 3.
VERSUS
1. State of Maharashtra
Through P. S. O. Police Station,
Kanhan, Nagpur.
2. XYZ
Through P. S. O. Police Station,
Kanhan, Nagpur.
Crime No. 0235/2018. NON-APPLICANTS
Mr. P. G. Khandekar, Advocate for Applicant No.1.
Mr. S. V. Sohoni, Advocate for Applicant No.2.
Ms S. Jachak, Additional Public Prosecutor for Non-applicant No.1/State.
Mr. R. R. Jaiswal, Advocate for Non-applicant No.2.
CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.
DATED : JANUARY 02, 2023
ORAL JUDGMENT (PER : A. S. CHANDURKAR, J.)
1. ADMIT. Heard finally with consent of the learned Counsel for
the parties.
2/4 72.apl.1697.22.odt
2. The present applicants are accused Nos.2 and 3 in the First
Information Report dated 03.07.2018 bearing No.235/2018 lodged at
Police Station Kanhan under Sections 354-A, 354-D read with Section 34
of the Indian Penal Code as well as Section 11(i) and (iv) of the Protection
of Children from Sexual Offences Act, 2012. On completion of the
investigation, charge-sheet has been duly filed before the Trial Court.
3. According to the applicants, they and the informant - non-
applicant No.2 have decided to put an end to the dispute that arose with
lodging of the First Information Report. It is stated that the dispute has
arisen on account of their immaturity and misunderstanding. A joint
affidavit by the said parties has been filed and it is requested that insofar
as accused Nos. 2 and 3 are concerned, the charge-sheet against them be
quashed.
4. The non-applicant No.2 is present in the Court today and on
enquiry with her, she has expressed her desire not to proceed further in
the present proceedings against accused Nos. 2 and 3. She has however
stated that the proceedings ought to continue against the accused No.1.
5. We have perused the First Information Report as well as the
charge-sheet as filed. The joint affidavit of the parties dated 28.12.2022 is
taken on record. Insofar as the allegations against the present applicants
3/4 72.apl.1697.22.odt
are concerned, it is of uttering words against the victim and seeking her
phone number. Prima facie, the application of Sections 354-A and 354-D
of the Penal Code does not appear to be satisfied on the basis of the
statements made in the First Information Report. The age of the victim
when the report was lodged on 03.07.2018 is stated to be 17 years 11
months. It is further stated by her in the joint affidavit that she is now
married and does not seek to proceed further in the matter against the
applicants.
6. Our attention have been invited to the decisions of this Court
in 2015 SCC OnLine Bom 6624 (Meghanath Pandurang Divkar Vs. State of
Goa) as well as (2020) 1 AIR Bom R (Cri) 133 (Taj and Another Vs. State
of Maharashtra through P. S.O.) and 2018 SCC OnLine Bom 4108 (Ashish
Vs. State of Maharashtra through P. S. O. And Another) to urge that this
Court in some what similar circumstances has quashed the First
Information Report in the light of compromise between the parties. It has
been noted that while serious and heinous offences cannot be
compromised, an offence which is personal to the victim can be put to an
end at the instance of the victim. We find that the allegations in the First
Information Report against the present applicants are not of such a nature
that can be stated to be either heinous or of a serious nature. They are in
the nature of utterances. In the light of the observations in the aforesaid
4/4 72.apl.1697.22.odt
decisions and as the applicants and the informant have decided to put an
end to the matter, the following order is passed. :
ORDER
i] The First Information Report dated 03.07.2018 bearing
No.235/2018 registered at Police Station Kanhan under
Sections 354-A, 354-D read with Section 34 of the
Indian Penal Code as well as Section 11(i) and (iv) of
the Protection of Children from Sexual Offences Act,
2012, consequential charge-sheet and proceedings in
Special Child Case No. 296/2018 pending in the Court
of learned Extra Joint District Judge and Additional
Sessions Judge, Nagpur stand quashed against the
present applicants.
ii] It is clarified that the trial shall proceed against accused
No.1 and any observations made in this order shall not
enure to the benefit of accused No.1.
7. The application is allowed in the aforesaid terms and disposed
of. No costs.
(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)
Digitally signed byRANJANA
MANOJ MANDADE
Signing Date:04.01.2023
18:17 .
RGurnule
