Bombay High Court
Ritesh @ Sonu S/O Ramkisan Kasdeskar vs State Of Mha. Thr. Pso Ps Hiwarkhed ... on 6 February, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:1571-DB
1 13.apl.1494.22-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 1494 OF 2022
Ritesh @ Sonu S/o. Ramkisan Kasdeskar,
Age - 25 years, Occupation - Labourer,
R/o. Gram Modra Khaknar,
Dist. Burhanpur (M.P.). ... APPLICANT
...VERSUS...
1. State of Maharashtra through
P.S.O., P. S. Hiwarkhed,
Tq. Telhara, District - Akola.
2. Ramesh Wazir Kedar,
136/2017 PSO PS Hiwarkhed,
R/o. Chipi (Gayram), Adgaon,
Tq. Telhara, Dist. Akola. ... NON-APPLICANTS
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Mr. A. S. Londhe, Advocate for Applicant.
Mr. J. Y. Ghurde, A..P.P. for Non-applicant/State.
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CORAM : VINAY JOSHI AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED :- 06.02.2024
ORAL JUDGMENT (PER : VINAY JOSHI, J.):-
1. Heard.
2. ADMIT. The matter is taken up for final disposal by consent of
learned Counsel appearing for the parties.
3. This is an application seeking to quash charge-sheet arising out
of First Information Report No.136/2017 registered with the Police Station,
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Hiwarkhed, District Akola for the offence punishable under Sections 363,
366A read with Section 34 of the Indian Penal Code on account of mutual
settlement.
4. The informant is a father of minor victim. It is his case that in
the year 2017, victim aged 16 years was studying in matriculation. On
14.07.2017 around 2.00 p.m. in the afternoon he learnt that the accused
has taken the victim out of guardianship with the intention to force her or
seduce her for illicit intercourse and, therefore, the report. The police have
completed the investigation and filed the charge-sheet.
5. There is significant development as the victim got married with
the applicant/accused on 24.02.2022, of which marriage certificate has
been produced. The victim has appeared in the Court and filed the
documents namely Marriage Certificate, Aadhaar Card as well as filed the
reply stating that the matter has been settled. Particularly, she would
submit that she got married with the applicant and by the time she is
pregnant from the applicant. In view of that she urged for quashing of the
prosecution.
6. There are no allegations of rape. The prosecution is restricted to
the kidnapping or procuration of a minor girl in order to seduce her for
illicit intercourse. It is apparent that out of a love relationship, the
applicant has taken away a minor, who was at the age of discretion. Not
3 13.apl.1494.22-J.odt
only that, by the time they got married as well as expected to have a child.
Certainly, if the prosecution is continued then it would affect the
matrimonial life of the victim as well as the future of expected child would
be in lurch. The offences cannot be termed as heinous and anti-social. Only
having regard to the fact that by the time both have married and living
together happily, the quashing would be in the interest of both sides and to
secure the ends of justice.
7. We have brought to the notice of the applicant that the Trial
Court has endeavoured to secure the applicant's presence, however, he has
avoided to appear in Court, rather it reveals that the Trial Court took
several steps for securing the presence of the applicant and thus, spent
public money and time. At this stage, Mr. Londhe, learned Counsel for the
applicant would submit that the applicant would deposit sum of
Rs.15,000/- towards costs.
8. In view of the above, the application is allowed. We hereby
quash and set aside the charge-sheet arising out of First Information Report
No.136/2017 registered with the Police Station, Hiwarkhed, District Akola
for the offence punishable under Section 363, 366A read with Section 34 of
the Indian Penal Code on following condition.
9. The applicant shall deposit sum of Rs.15,000/- (Rs. Fifteen
Thousand Only) with Taluka Legal Services Committee, Akot within two
4 13.apl.1494.22-J.odt
weeks from today.
10. The matter be placed on 21.02.2024 for noting compliance.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 08/02/2024 18:05:34
