Bombay High Court
Shekhar S/O Bhagwanrao Takey vs State Of Mha. Thr. Pso Ps Digras ... on 4 May, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.1367 OF 2021
Shekhar s/o Bhagwanrao Takey
(accused), aged about 48 yrs, R/o
Bapunagar, Tq. Digras, Dist. Yavatmal.
... APPLICANT
VERSUS
1. State of Maharashtra, through
Police Station Officer, Police Station,
Digras, Dist. Yavatmal. .
2. Suman Lakshman Jadhao, (Original
Complainant) Age : 65 years, Occ.
House Maid R/o Vaibhav Nagar,
Digras, Tq. Digras, Dist. Yavatmal.
... NON-APPLICANTS
_____________________________________________________________
Shri A.P. Thakare, Advocate for the applicant.
Shri Thakre, A.P.P. for non-applicant no.1/State.
Shri P.V. Deshmukh, Advocate for non-applicant no.2.
______________________________________________________________
CORAM : VINAY JOSHI AND BHARAT P. DESHPANDE, JJ.
DATED : 04/05/2023.
JUDGMENT : (Per : Vinay Joshi, J.)
Heard. ADMIT.
2. The matter is taken up for final hearing by consent of
learned Counsel appearing for the respective parties.
3. This is an application seeking to quash the First Information
Report (FIR) in crime No.980 of 2021 registered with the Digras Police
Station District Yavatmal for the offence punishable under Section 354
of the Indian Penal Code as well as Charge-sheet No.182 of 2021
bearing Criminal proceeding R.C.C. No.197 of 2021 pending in the
Court of the Judicial Magistrate First Class, Digras, on account of
settlement.
4. The informant lady aged 62 years has lodged the report
about sexual advances. The informant was working as a maid servant
in the house of the applicant. She alleged that on two occasions, the
applicant made the sexual advances by touching her inappropriate
manner, hence the report.
5. It is submitted that the informant was removed from the
job, which resulted into making false allegations out of frustration.
However, the matter is amicably settled in between the parties. The
informant has filed her affidavit-in-reply stating that under frustration
and misunderstanding she has lodged the report. She has also stated
that she do not want to prosecute the criminal case. The informant is
present before this Court, who has identified by her Counsel Shri P.V.
Deshmukh. She has also stated before the Court that she do not want to
prosecute the criminal case.
6. The alleged offence is not heinous or anti social in nature.
In view of the settlement and above facts, the following order is
passed :
(a) The application is allowed and disposed of.
(b) We hereby quashed and set aside the First Information Report
(FIR) in crime No.980 of 2021 registered with the Digras
Police Station District Yavatmal for the offence punishable
under Section 354 of the Indian Penal Code as well as Charge-
sheet No.182 of 2021 bearing Criminal proceeding R.C.C.
No.197 of 2021 pending in the Court of the Judicial
Magistrate First Class, Digras.
(BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.)
Trupti
