Bombay High Court
Adesh S/O Rajesh Wanjari vs State Of Mah. Thr. Pso Ps Kholapur ... on 22 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:972-DB
8 j appl 73-24.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 73 OF 2024
Adesh Rajesh Wanjari, Aged 23 years, Applicant
Occup.Education, R/o Malkapur,
Bhatukali, Kholapur, Amravati (Rural)
-Versus-
1. State of Maharashtra, through Police
Station Officer, Police Station Kholapur,
Amravati(Rural), Dist.Amravati.
2. Sakshi Sunil Wankhede, Age 23 years, Non-
Occup. Education, R/o Rewasa Fata, applicants
Rajani Mangal Karyalaya Gadge, Nagar,
Amravati, Dist. Amravati.
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Mr.S.N.Nandeshwar, counsel for the applicant.
Mr.J.Y.Ghurde, APP for non applicant No.1 State.
Ms. Jagruti Kurwe counsel for non-applicant No.2.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : 22nd January, 2023
ORAL JUDGMENT (Per :Vinay Joshi, J.)
Heard. Admit.
2. The application is heard finally with the consent of the
learned counsel for the parties.
3. This is an application seeking to quash the First
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8 j appl 73-24.odt
Information Report in Crime No.221 of 2023 dated 10/12/2023
registered with Police Station Kholapur, Dist. Amravarti for the
offence punishable under Sections 354-D, 500, 506 of the Indian
Penal Code on account of mutual settlement. The informant lady
aged 22 years has lodged the report alleging that the applicant has
committed an offence of stalking punishable under Section 354-D
as well as she was threatened and defamed. Precisely, it is her case
that she was having love affair with the applicant, however, she has
severed the relationship. It is contended that despite breakup, the
applicant was insisting her to meet and was threatening to viral
their photographs. The applicant has also informed about their
relationship to the informant's would be husband, which resulted
into breakup of her arranged marriage.
4. During pendency, with the aid of middle man the matter
has been amicably settled. The informant lady is present before us,
who is identified by learned advocate Jagruti Kurwe. The
informant has filed her affidavit stating about the settlement and
her no objection to quash the proceedings. The informant is
accompanied by her uncle namely, Anil Jagdeorao Wankhede, who
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8 j appl 73-24.odt
has also stated that the matter is settled.
5. The overall allegations are about stalking. It appears that
since, the relationship did not worth, the matter has turned into
worse. The applicant lady specifically urged to quash the
proceedings. Since applicant has expressed her fear that pendency
may become an obstacle in her further marital prospects. The
offence cannot be termed as heinous or antisocial.
6. Having regard to peculiar facts, continuation of the
prosecution would be against the interest of both. In the above
facts, we are inclined to exercise our inherent powers. The
application is allowed. We hereby quash and set aside the First
Information Report No.221 of 2023 dated 10/12/2023 registered
with Police Station Kholapur, Dist. Amravati for the offence
punishable under Sections 354-D, 500, 506 of the Indian Penal
Code.
(VRUSHALI V. JOSHI, J) (VINAY JOSHI, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 24/01/2024 18:09:01 Kavita.
