Praful S/O Prabhakar Gondge vs The State Of Maharashtra Through Pso ...
2024 Latest Caselaw 23686 Bom

Bombay High Court

Praful S/O Prabhakar Gondge vs The State Of Maharashtra Through Pso ... on 12 August, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:8949-DB

                                                      1           31.apl.1041.2024 J.odt



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  NAGPUR BENCH, NAGPUR.
                            CRIMINAL APPLICATION NO.1041 OF 2024

                             Praful s/o Prabhakar Gondge, aged
                             about 35 years, Occ : Labour, R/o
                             Kansaram Diware, panchdhar Kachari
                             Sawanga, Tah - Katol, Dist Nagpur.
                                                               ...APPLICANT

                                                VERSUS

                       1.    State of Maharashtra, through
                             Police Station Officer, Kondali, Dist.
                             Nagpur rural.

                       2.    XYZ, Crime No. 556/2024, through
                             Police Station Officer, Kondali, Dist.
                             Nagpur rural
                                                              ... NON-APPLICANTS
                 __________________________________________________________
                            Shri S.V. Sirpurkar, Advocate for the applicant.
                            Shri Chute, A.P.P. for the State.
                            Shri C.R. Najbile, Advocate for non-applicant no.2.
                 __________________________________________________________


                            CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.
                            DATED : 12.08.2024.


                 ORAL JUDGMENT : (Per : Vinay Joshi, J.)

Heard. ADMIT.

2 31.apl.1041.2024 J.odt

2. The matter is taken up for final disposal with the

consent of the learned Counsel appearing for the parties.

3. This is an application seeking to quash the First

Information Report No.556 of 2024 registered with the

Kondhali Police Station, Nagpur Rural for the offence

punishable under Section 69 of the Bhartiya Nyaya Sanhita,

2023, on account of merits as well as settlement.

4. The informant lady aged 41 years of age has

lodged the report stating that from last 5 to 6 years, she had

love relationship with the applicant. She alleges that under

the promise to marry, the applicant has established sexual

relations during the course of last 5 years. She stated that

the relations were from last 6 years, however as she felt that

the promise was false, she lodged the report.

5. The informant lady is present before the Court,

who is identified by her Counsel Shri C.R. Najbile. The 3 31.apl.1041.2024 J.odt

informant has settled the differences out of the Court and

filed an affidavit in reply stating that they were in love

relationship. More particularly, on 13.07.2024 they got

married with each other. The copy of marriage certificate is

tendered on record. The informant stated that out of

misunderstanding she has lodged the report.

6. It reveals that there was relationships between

two adults from lasted for 6 years. Moreover, the parties got

married and presently, the informant lady is staying with

the applicant. It is apparent that, it is a case of consensual

relationship.

7. In view of the above peculiar facts, we deem it

appropriate to invoke our inherent powers, hence the

following order :

(a) The Application is allowed and disposed of.

4 31.apl.1041.2024 J.odt

(b) We hereby quash and set aside the First Information Report No.556 of 2024 registered with the Kondhali Police Station, Nagpur Rural for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023.

(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)

Trupti

Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 14/08/2024 15:04:21