Bombay High Court
Sandesh S/O Vishwas Meshram vs The State Of Maharashtra Thr. Pso Ps ... on 13 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:9273-DB
941-apl-695-24j.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.695 OF 2024
Sandesh Vishwas Meshram, Aged about 25 Applicant.
years, Occup. Advocate, R/o Rajura,
Tq.Nandgaon, Khandeshwar, District
Amravati.
-Versus-
1. State of Maharashtra, Through Police
Station Officer, P.S.Nandgaon
Khandeshwar, District Amravati (Rural)
2. X.Y.Z., Victim in Crime No.78 of 2024,
registered at P.S.Nandgaon Khandeshwar, Non-
District Amravati. applicants.
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Mr.S.B.Gandhe, Adv. for the applicant.
Mr.A.M.Joshi, APP for non-applicant State.
Mr.U.V.Chakravarti, Adv. for non applicant No.2.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : 13th AUGUST, 2024
ORAL JUDGMENT (Per : Vinay Joshi, J.)
(1) Heard. Admit. The application is heard finally with the
consent of the learned counsel for the parties.
(2) This is an application seeking to quash the Criminal
proceedings bearing RCC No. 62 of 2024, arising out of First
Information No. 78 of 2024, for the offence punishable under
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Section 376, 376(2)(n),312,451 and 506 of the Indian Penal Code
registered with Police Station Nandgaon Khandeshwar district
Amravati rural on merits as well as on account of settlement.
(3) The informant lady aged about 23 years got married in the
year 2019 and due to differences started to reside separately from
her husband from the year 2022. The informant met the applicant,
advocate of Amravati for the purpose of filing of a divorce petition.
On an often, the informant used to meet the applicant for the
purpose of her work, however, due to close acquaintance love
relationship was developed.
(4) It is the informant's case, that the applicant expressed his
liking towards her and then assured her for marriage. Thereafter, at
various places, they had sexual relations for next two years. The
informant also got pregnant but the fetus was aborted. Finally in
the month of January 2024, the applicant abruptly refused for
marriage therefore, the report.
(5) The learned counsel appearing for the applicant would
submit that the informant was well matured grown up lady. She
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had a love affair with the applicant, who was unmarried fellow.
Out of love and intimacy they had maintained sexual relations by
own volition of mind. It is submitted that there was no coercion,
force or promises on the part of the applicant and thus, it is the case
of the consensual relationship. In addition to that, he would submit
that the informant realised her mistake and therefore, she has also
given no objection at the time of grant of bail. Likewise, she has
filed an affidavit in this proceedings stating about her no objection.
(6) The informant lady has appeared before us on 25.04.2024
through advocate. The informant is present today also, who is
identified by her advocate. The informant stated that out of
misunderstanding, she has lodged the report and now she do not
want to proceed further.
(7) Be that as it may, with the assistance of both the sides, we
have examined the entire material. Admittedly, the informant was
a married lady at the time when the relations have been maintained.
The applicant's submission about impossibility of giving promise is
acceptable since at the relevant time the informant was already
married. Unless from the beginning there was deceitful intent and
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the lady has consented only because she was promised there cannot
be an offence. It emerges from the entire episode that for long two
years both were meeting at different places and maintaining sexual
relations. The informant though married did not resist at any point
of time but she has also submitted herself for a long period. The
informant also became pregnant, however, she did not put any
grievance and thus the applicant's contention about consent, in
maintaining relationship is acceptable. Besides that, the informant
has filed an affidavit stating that it was a consensual relationship.
(8) Taking overall view of the matter, it reveals that the
informant was a matured married lady. She had love relationship
with the applicant. Both have enjoyed the relationship for two
years. In the circumstances, it is difficult to hold that only because
promise for marriage was given she has consented for the relations.
Thus the entire material does not discloses prima facie ingredients
to constitute the offence.
(9) At this juncture, the applicant's learned counsel would
submit that the applicant would deposit sum of Rs.20,000/-
towards the costs as the police machinery was rotated.
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(10) Considering all above aspects, continuation of the
prosecution amounts to abuse of the process of Court. In view of
that following order is passed.
ORDER
i) The criminal application is allowed.
ii) We hereby quash and set aside the Criminal proceedings
bearing RCC No. 62 of 2024, arising out of First Information No.
78 of 2024, for the offence punishable under Sections 376, 376(2)
(n), 312, 451 and 506 of the Indian Penal Code registered with
Police Station Nandgaon Khandeshwar, district Amravati rural.
iii) The applicant shall deposit a sum of Rs. 20,000/- within a
period of two weeks with the High Court Bar Association,Nagpur
towards the costs.
iv) Stand over to 27.08.2024 for noting the compliance.
(VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 21/08/2024 16:38:33 Kavita.
