Bombay High Court
Nilesh Shriram Bagmare vs The State Of Mah. Thr. Its Pso, Ps, ... on 12 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:9156-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.800 OF 2023
Nilesh Shriram Bagmare, Age 30
years, Occu : Service, R/o Present
Add : c/o Ankush Kavrase, Voltas
Sagar Colony, Behind APMC,
Mohabada Road, Warora, Dist.
Chandrapur.
...APPLICANT
VERSUS
1. The State of Maharashtra, through
its Police Station Officer, Police
Station, Warora, Dist. Chandrapur.
2. Sau. Pallavi Sunil Suryavanshi, aged
30 years, Occu : Housewife, R/o
Luthade Layout, Warora, Tah. Warora,
Dist. Chandrapur.
... NON-APPLICANTS
__________________________________________________________
Shri A.A. Dhawas, Advocate for the applicant.
Shri A.D. Ramteke, Advocate for non-applicant no.2.
Shri A.A. Madiwale, Advocate for the State.
__________________________________________________________
CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : 12.08.2024.
2 946.apl.800.2023 J..odt
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
By Criminal Application No.1417/2024, the
applicant seeks to amend the prayer clause as the charge-
sheet has been filed. The application is allowed and
disposed of. Necessary amendment be carried out forthwith.
2. Heard. ADMIT.
3. The matter is taken up for final disposal with the
consent of the learned Counsel appearing for the parties.
4. This is an application seeking to quash the
criminal prosecution bearing R.C.C. No.191 of 2024 arising
out of Crime No.388 of 2023 registered with the Warora
Police Station, District Chandrapur for the offence
punishable under Sections 354-C read with Section 34 of
the Indian Penal Code and Section 67 of the Information
Technology Act, 2000, on account of settlement.
3 946.apl.800.2023 J..odt
5. The informant a married lady aged 30 years has
lodged the report stating that she had developed love
relationship with applicant Nilesh, who is the accused no.1.
On and often they had established sexual relations. The
applicant took the informant's obscene photographs during
their private affair. After some days, the informant's
husband came across the photographs on which she learnt
that the photographs which the applicant has snapped, have
been made viral by someone. She has inquired with the
applicant on which it reveals that, wife of the applicant got
transmitted the photographs in clandestine manner, which
she has forwarded to her brother Sachin which reached to
the informant's husband. On the basis of said report, the
Police have registered the aforesaid crime. The investigation
is complete and charge-sheet has been filed. It is informed
that yet charges have not been framed.
6. In the meantime, the applicant and informant
have settled the differences out of the Court. The informant
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has filed a reply-cum-affidavit that the matter has been
settled to the extent of the present applicant Nilesh
Bagmare and she do not wish to prosecute against him. She
also gave her no objection to quash the proceedings to that
extent. The informant stated that both the co-accused are
the persons, who made obscene photographs viral,
therefore, she do not wish to settle the matter with them.
The informant lady is present before the Court, who is
identified by her Counsel Shri A.D. Ramteke. She has
reaffirmed the contents of reply-cum-affidavit and gave her
no objection to quash the proceedings to the extent of
present applicant Nilesh.
7. Taking the matter as it stands, it is a case of
extra-marital relationship. By consent, both were
maintaining relations in which the applicant took some
obscene photographs for which he has been charged for the
offence punishable under Section 354-C of the IPC i.e.
Voyeurism. It reveals that the applicant did not make the
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obscene photographs viral, and thus, the offence under the
IT Act would not apply against him. Precisely, the allegation
is only about taking obscene photographs during consensual
relations. The offence cannot be termed as heinous or
antisocial. For maintaining the cordial relations, both have
settled the dispute. Certainly, in view of the compromise,
the informant may not lead evidence against the applicant
and in that case, the trial against him would be exercise in
futility. In the circumstances, continuation of prosecution
against the present applicant Nilesh Bagmare would be
abuse of the process of Court.
8. At this stage, learned Counsel for the applicant
Shri Dhawas would submit that the applicant would deposit
sum of Rs.20,000/- towards the costs for unnecessary
rotating the police machinery.
9. In view of the above peculiar facts, the
application is allowed. We hereby quash and set aside the
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criminal prosecution i.e. R.C.C. No.191/2024 arising out of
Crime No.388 of 2023 registered with the Warora Police
Station, District Chandrapur for the offence punishable
under Sections 354-C read with Section 34 of the Indian
Penal Code and Section 67 of the Information Technology
Act, 2000, to the extent of present applicant Nilesh Bagmare
only.
10. The applicant shall deposit sum of Rs.20,000/-
with the Government Pleader's Library, Nagpur within two
weeks from today.
11. The application stands disposed of.
12. Place the matter on 21.08.2024 for noting
compliance.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
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Trupti
