Sachin Sahebrao Chatur vs State Of Maharashtra And Anr
2023 Latest Caselaw 10470 Bom

2023:BHC-AS:30127-DB


                                                                                  21 crwpst-18543-23.doc

 BDP-SPS-TAC

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  BHARAT
  DASHARATH
  PANDIT
                                          CRIMINAL APPELLATE JURISDICTION
  Digitally signed by
  BHARAT
                                    CRIMINAL WRIT PETITION (ST) NO. 18543 OF 2023
  DASHARATH
  PANDIT
  Date: 2023.10.11
  17:01:41 +0530

                        Mr. Sachin Sahebrao Chatur                         ....Petitioner
                              V/s
                        The State of Maharashtra
                        and Anr.                                           .....Respondents
                        ---
                        Mr. Vinod Chate a/w Kalpana Chate i/b Chate & Associates for the
                        Petitioner.
                        Smt. M.M. Deshmukh, APP for the Respondent-State.
                        Mr. Vaibhav Ugle a/w Vikas Somawanshi a/w Roshan M. Chavan a/w
                        Shubham Vasekar a/w Tanmay Sangavi for Respondent No.2.
                        M.B. Dhumal, PSI, Bhoiwada Police Station, Mumbai, present.
                        ----
                                         CORAM: NITIN W. SAMBRE &
                                                  N. R. BORKAR, JJ.

                                                   DATE:     OCTOBER 10, 2023

                        P.C.:-

                        1]       Prayer is for quashing of Sessions Case No.323 of 2022 arising

out of the FIR in Crime No.I-15/2021 registered with Bhoiwada Police

Station for the offence punishable under Sections 376(2)(n), 377,

420, 504 and 323 of the Indian Penal Code.

2] Genesis of the offence is, Respondent No.2-victim, after having

selected in Police Force, was under training when Petitioner lured her

and under the promise of marriage exploited her sexually.

21 crwpst-18543-23.doc

Considering the allegations, investigation was set in motion and

Petitioner came to be chargesheeted. Petitioner, at the relevant time,

was also informed to be working with Police Department.

3] Respondent No.2-victim having realized that Petitioner was

already married in 2015 has lodged the aforesaid complaint.

Respondent No.2-victim thereafter having realized that she has to

move ahead in life and she cannot marry the Petitioner as he was

already married in 2015, has placed on record consent affidavit for

quashing.

4] In response to Court's query, learned APP after interacting with

Respondent No.2-victim, has stated that victim is extending consent

out of her free will and without any coercion as she intends to move

ahead in life. She has stated that relationship was consensual. As the

relationship is informed to be consensual, no purpose will be achieved

or served in case if prosecution is kept pending against the Petitioner.

5] In the aforesaid backdrop, having regard to the consent

21 crwpst-18543-23.doc

extended by Respondent No.2 and in view of the judgments of the

Apex Court in Gian Singh vs. State of Punjab & Anr., reported in

(2012) 10 SCC 303 and in Narinder Singh & Ors vs. State of Punjab &

Anr., reported in (2014) 6 SCC 466, we deem it appropriate to allow

the Writ Petition in terms of prayer clause (a) subject to payment of

costs of Rs 1,00,000/- (Rupess One lakh only) to be deposited by the

Petitioner with Central Police Welfare Fund within six weeks and

within a week thereafter Petitioner shall submit a receipt of the said

amount deposited with the Central Police Welfare Fund to the Registry

of this Court, failing which order of quashing shall stand recalled.

6]     Writ Petition stands disposed of.



7]     Stand over to 28/11/2023 for compliance.



( N. R. BORKAR, J. )                ( NITIN W. SAMBRE, J. )