Bombay High Court
Vijay S/O Ramdasji Hade vs State Of Mah. Thr. Pso Ps Grazerpura ... on 19 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:918-DB
1 925.apl.845.20-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 845 OF 2020
Vijay S/o. Ramdasji Hade,
Aged about 20 years,
Occ. Student/Private Job,
R/o. Mahadevkhori, Amravati,
Tq. & Distt. Amravati. ... PETITIONER
...VERSUS...
1. State of Maharashtra
Through Police Station Officer,
Police Station, Frazerpura,
Distt. Amravati.
2. Damini Khushal Junghare,
Aged about 20 years, Occ. Student,
R/o. Dhawnewadi, Ambedkar Nagar,
Tq. Dhamangaon, Distt. Amravati. ... RESPONDENTS
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Mr. A. V. Band, Advocate for Applicant.
Mr. M. J. Khan, A.P.P. for Non-applicant/State.
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CORAM : VINAY JOSHI AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED :- 19.01.2024
ORAL JUDGMENT (PER : VINAY JOSHI, J.):-
1. Heard. ADMIT. The matter is taken up for final disposal by
consent of learned Counsel appearing for the parties.
2. This is an application seeking to quash First Information Report
No.1040/2020 registered with the Police Station, Frezarpura, District
2 925.apl.845.20-J.odt
Amravati for the offences punishable under Sections 354 and 354-D of the
Indian Penal Code. Though, the informant lady was served, she chooses to
remain absent.
3. It is the informant's case that she had a love affair with the
applicant, however, there was a discord. The applicant was trying to
contact the informant. On 18.11.2020 while the informant was proceeding
on her two wheeler namely scooty towards Dhamangaon Railway, the
applicant followed her by riding on a motorcycle and thus, the offence
punishable under Sections 354, 354-D of the Indian Penal Code was
registered.
4. Learned Counsel for the applicant would submit that bear
reading of the First Information Report does not constitute the offences
under Sections 354, 354-D of the Indian Penal Code as there are no
allegations of assault or use of criminal force. Second, it is submitted that
the offence of stalking would not attract since it was mere disagreement
between two adults, who were in a relationship.
5. We have examined the contents of the First Information Report,
from where we are unable to find the material to make out the case of
assault or use of criminal force. The First Information Report itself discloses
that both were in love relationship. The only single instance has been
quoted that while the informant was proceeding towards Dhamangaon
3 925.apl.845.20-J.odt
Railway, the applicant followed. Therefore, it is difficult to make out a case
of stalking. The investigation papers have been produced. During the
course of the investigation, the police got recorded the statement of the
victim in terms of Section 164 of the Code of Criminal Procedure, 1973. In
said statement dated 05.01.2021 the victim stated contrary to her First
Information Report by saying that she has cordial relations with the accused
and she has no grievance. Precisely, she did not say before the Magistrate
about happening of the occurrence. In the above scenario, continuation of
prosecution would not yield anything rather it would be an exercise in
futility. The material collected during the investigation, even if, accepted at
its face value, it does not constitute the alleged offences.
6. In view of above the application is allowed. We hereby quash
and set aside the First Information Report No.1040/2020 registered with
the Police Station, Frezarpura, District Amravati for the offences punishable
under Sections 354 and 354-D of the Indian Penal Code.
7. The application stands disposed of.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Signed by: Mrs. R.M.RGurnule
MANDADE
Designation: PA To Honourable Judge
Date: 23/01/2024 18:02:46
