Bombay High Court
Akash Sanjay Giri vs State Of Maharashtra And Anr on 13 August, 2024
Author: Neela Gokhale
Bench: A. S. Gadkari, Neela Gokhale
2024:BHC-AS:32745-DB
sns 41-apl-1149-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1149 OF 2023
1. Shri Akash Sanjay Giri,
Age-25 Yrs, Occu-Service,
R/o-Plot No.A-18, Vidya Vasant Park,
Bapuram Nagar, Kalamba Road,
Kolhapur-416007 .....Applicant
(Ori.Accused)
Vs.
1. The State of Maharashtra,
2. Victim X
Through the Police Inspector,
Karveer Police Station, Kolhapur
In CR No.222/2023 .....Respondents
(No.2 is Complainant)
Mr. Anand Patil, for the Applicant.
Mr. Anand S. Shalgaonkar, APP for Respondent No.1-State.
Ms. Kalyani Mangave i/b Mr. Akash Murudkar for Respondent No.2.
CORAM : A. S. GADKARI AND
DR NEELA GOKHALE, JJ.
DATE : 13th August, 2024.
JUDGMENT (Per Dr. Neela Gokhale, J) :
-
1) The Applicant seeks quashing of the FIR No. 222 of 2023 dated 5 th
April 2023 registered with Karveer Police Station, Kolhapur for the offences
punishable under Sections 376, 376 (2)(n) and 417 of the Indian Penal
Code, 1860 ('IPC'). He also seeks to quash and set aside criminal
proceedings bearing Sessions Case No. 137 of 2024, pending in the Sessions
Court, Kolhapur.
2) In 2021, the Respondent No. 2 had been on a site visit through her
sns 41-apl-1149-2023.doc
college where she met the Applicant herein. They got well acquainted with
each other and started talking to each other on phone calls. It is the case of
the Respondent No.2 that, she was promised by the Applicant that he would
marry her. It is her say that, she established physical relations with him on
the same pretext. There was considerable misunderstanding between the
parties on the matters related to marriage, leading to the Respondent No.1
lodging the subject FIR.
3) The parties have now decided to amicably resolve the disputes.
Respondent No.2 has thus filed Consent Terms dated 2nd July 2024.
4) Advocate Anand Patil appears for the Applicant and Advocate
Ms. Kalyani Mangave represents the Respondent No.2. Mr. Anand S.
Shalgaonkar, learned APP represents the State.
5) Both the Advocates contend that considering the decision of
the parties to resolve their dispute by amicable settlement, the subject FIR
be quashed. The Respondent No.1 has filed a Consent Affidavit dated 2 nd
July attested by a Notary Public. In paragraphs 2,3 and 4 of the Consent
Affidavit, the Respondent No.2 specifically states that the physical relations
between her and the Petitioner were consensual since they intended to
marry but due to inevitable circumstances, they were not able to marry. She
now has given her no objection to quash the subject FIR and has said that
she does not wish to proceed further with the same. Both the parties have
now resolved their disputes amicably and have cordial relations with each
sns 41-apl-1149-2023.doc
other.
6) Advocate Kalyani Mangave states on instructions from the
Respondent No.1, who is present before the Court that she has consented
for the quashing of the subject FIR.
7) In view thereof, we are inclined to quash FIR No. 222 of 2023
dated 5th April 2023 registered with Karveer Police Station, Kolhapur for
the offences punishable under Sections 376, 376 (2)(n) and 417 of the
Indian Penal Code, 1860 ('IPC') and criminal proceedings bearing Sessions
Case No. 137 of 2024, pending in the Sessions Court, Kolhapur .
8) As we expressed our opinion for quashing of FIR No. 222 of
2023 dated 5th April 2023 registered with Karveer Police Station, Kolhapur
for the offences punishable under Sections 376, 376 (2)(n) and 417 of the
Indian Penal Code, 1860 ('IPC') and criminal proceedings bearing Sessions
Case No. 137 of 2024, pending in the Sessions Court, Kolhapur, learned
Advocate for the Applicant on instructions submitted that, the Applicant
will pay a cost of Rs.2,00,000/- to the Armed Forces Battle Casualties
Welfare Fund within a period of two weeks from the date of uploading of
the present Order on the official website of High Court of Bombay. The said
statement is accepted as an undertaking to the Court.
9) In view thereof, we direct the Applicant to pay a cost of
Rs.2,00,000/- to the Armed Forces Battle Casualties Welfare Fund within a
period of two weeks from the date of uploading of present Order on the
sns 41-apl-1149-2023.doc
official website of High Court of Bombay.
9.1) Details of the bank account for payment of cost are as under :-
Name of Fund :- Armed Forces Battle Casualties Welfare
Fund.
Bank Name :- Canara Bank
Branch Name :- South Block, Defence Headquarters,
New Delhi-110011.
Account Number :- 90552010165915
IFSC Code :- CNRB0019055
Type of Acct :- Saving
9.2) Applicant to deposit the said cost of Rs.2,00,000/- within
stipulated period as noted above and submit receipt of the same in the
Registry of this Court.
10) In view of above and subject to payment of cost, Application is
allowed in terms of prayer clauses (b).
11) It is made clear that, if the cost is not paid by the Applicant
within stipulated period as mentioned above, the Application shall stand
revived automatically and, in that event, the trial Court shall proceed with
the present case expeditiously
12) List the Application on board on 10th September 2024, under
caption 'for reporting compliance' of present Order.
(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.)
Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH
SHIVGAN
SHIVGAN
Date:
2024.08.16
12:26:03
+0530
