Bombay High Court
Akash S/O. Narayan Dhurandhar And ... vs State Of Mah. Thr. Pso, Barshitakli Ps, ... on 4 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:199-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 1102/2023
1. Akash s/o. Narayan Dhurandhar,
Aged about 27 yrs., Occ. Labour,
2. Narayan s/o. Daval Dhurandhar,
Aged about 58 yrs., Occ. Labour,
3. Vimal w/o. Narayan Dhurandhar,
aged 47 yrs., Occ. Labour,
Sr.No. 1 to 3 R/o. Gautamnagar,
Barshitakli, Tq. Barshitakli,
Dist. Akola.
4. Tejrao s/o Jagdev Sadnshiv,
Aged about 57 yrs., Occ. Labour,
5. Jaya w/o. Tejrao Sadanshiv,
aged about 44 yrs., Occ. Labour,
Sr.No.3 to 5 R/o. Vizora,
Tq. Barshitakli, Tq. Barshitakli,
Dist. Akola.
APPLICANTS
VERSUS
1. State of Maharashtra,
through Police Station Officer,
Barshitakli Police Station,
Tq. Barshitakli, Dist. Akola.
2. XYZ,
Barshitakli Police Station,
Tq. Barshitakli, Dist. Akola.
Crime No. 100/2023 dt. 03.7/2023.
NON-APPLICANTS
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Mr. A. Ahmad Abdul h/f Mr. A. Jamdar, Advocate for the applicants.
Mr. M.J.Khan, Addl. Public Prosecutor ('APP') for non-applicant No.1.
Ms. Sonali S. Khobragade, Advocate (appointed) for non-applicant No.2.
CORAM : VINAY JOSHI AND
MRS.VRUSHALI V. JOSHI JJ.
DATE OF JUDGMENT : 04.01.2024
JUDGMENT (PER VINAY JOSHI, J.)
Heard.
2. Admit.
3. By this application, the applicants are seeking to quash charge-
sheet vide Special Case No.69/2023 pending on the file of Extra Joint
District Judge and Additional Sessions Judge, Akola arising out of Crime
No.100/2023 registered with Barshitakli Police Station, Tq. Barshitakli,
Dist. Akola for the offence punishable under Sections 376 of the Indian
Penal Code, Sections 4, 6 of the Protection of Children from Sexual
Offences Act ('POCSO') and Sections 9, 10 of the Child Marriage
Restraint Act on account of mutual settlement.
4. The facts are somewhat unusual as neither the victim nor her
family members have approached to the Police putting her grievance,
but at the instance of Medical Officer, the Police got a clue which
resulted into filing of report. Victim girl aged 17 years was agricultural
labour. She was living with her elder married sister at Pune. The
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applicant (accused) is younger brother of victim's sister's husband. Love
relationship was developed between them. Both liked each other which
has culminated into performing a marriage on 25.05.2021. Out of
wedlock, victim became pregnant. While she was in advanced stage of
pregnancy, she was admitted into the Government Hospital, Akola for
delivery. The victim has delivered a baby girl on 06.03.2023.
Concerned Medical Officer realized that victim became pregnant during
her minority, hence he has informed to the Police who in turn has lodged
report for aforesaid offences.
5. The Police carried out investigation and on completion, filed
charge-sheet. The victim appeared with her minor baby in the Court
and filed reply stating the aforesaid facts and her no objection to quash
the proceeding. Particularly, victim stated that since marriage, she is
living with the applicant (accused) as wife alongwith their ten months
old baby. She has stated that pendency of criminal prosecution would
be detrimental to her marriage rather her marriage would be at stake, if
the prosecution continues. The victim appeared through her Advocate
Ms. Khobragade and reiterated the above facts and stated about her no
objection to quash the proceeding. Rather in the same tune, she has
also urged to quash the proceeding for securing her marital life.
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6. The learned counsel appearing for the applicants relied on the
decision of this Court in case of Ganesh Shankar Pilane Vs. The State of
Maharashtra and another (Writ Petition No.272/2022, decided on
11.03.2022), wherein this Court took a view that quashing of the
prosecution for the offence of rape and under the provisions of POCSO
Act in given circumstances would secure the ends of justice. In several
decisions of the Supreme Court, it has been expressed that while
exercising the powers under Section 482 of the Code of Criminal
Procedure, the Court will have to consider all the relevant factors and
the seriousness of the crime cannot be a sole factors, but one of the
consideration. Though the offence of rape is serious one, however, we
find that this is an exceptional case.
7. The victim was at the verge of majority i.e. just one month
short to her marriageable age. She has already married with the
applicant (accused) and having a baby girl from wedlock. Marriage
Certificate as well as Birth Certificate of a child has been tendered. The
victim is living happily with the applicant (accused) and new born child.
The purpose of vesting inherent powers with this Court is two-fold i.e. to
prevent the abuse of the process of the Court and to secure the ends of
justice. If the prosecution is put to an end, resultantly the poor coupled
would continue to live happily. Converse, there would be matrimonial
dispute, and the future of lady and child would be in lurch. We may
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emphasize that the victim never put any grievance, but only because she
was one month short to the age of marriage, report was lodged. The
Laws are made to protect the society and not to put them in lurch.
8. In above peculiar facts, we are of the considered view that
quashing of the proceeding would certainly achieve the goal of securing
the ends of justice. In short, the case for quashing is made out and
therefore, the application is allowed. We hereby quash and set aside the
charge-sheet vide Special Case No.69/2023 pending on the file of Extra
Joint District Judge and Additional Sessions Judge, Akola arising out of
Crime No.100/2023 registered with Barshitakli Police Station,
Tq. Barshitakli, Dist. Akola for the offence punishable under Sections
376 of the Indian Penal Code, Sections 4, 6 of the Protection of Children
from Sexual Offences Act ('POCSO') and Sections 9, 10 of the Child
Marriage Restraint Act on account of mutual settlement.
9. Application stands disposed of in above terms.
10. Fees for appointed counsel for non-applicant No.2 be paid as
per Rules.
(MRS.VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 06/01/2024 14:59:36
