Bombay High Court
Vishal S/O. Sukhdevrao Ghodeswar vs The State Of Mah. Thr. Pso Ps Rana Pratap ... on 24 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:1122-DB
40.apl46.2024jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 46 OF 2024
Vishal S/o Sukhdevrao Ghodeswar
Aged : 30 years, Occ.: Private Job,
R/o. Murjitapur Khedkar, ... Applicant
Murtizapur Bramhi, Akola - 444106
Versus
1. The State of Maharashtra,
Through Police Station Officer,
Ranapratap Nagar Police Station,
Nagpur
2. XYZ
FIR No.579/2023
Police Station Rana Pratap Nagar, ... Non-applicants
Nagpur
Tah. & Dist. Nagpur
Mr. R.D. Hazare, Advocate for applicant.
Mr. M.K. Pathan, APP for non-applicant No.1.
Mr. I.H. Baksh, Advocate for non-applicant No.2.
CORAM : VINAY JOSHI, AND
SMT. VRUSHALI V. JOSHI, JJ.
DATE : 24.01.2024
ORAL JUDGMENT: (PER: Vinay Joshi,J)
Heard finally by consent of both the learned counsel
for the parties.
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40.apl46.2024jud.odt
(2) Admit.
(3) This is an application seeking to quash FIR in Crime
No.579/2023 registered with Ranapratap Nagar Police Station, Nagpur
for the offence punishable under Sections 376 of the Indian Penal Code
on merits as well as on account of settlement.
(4) The informant is a grownup lady aged about 29
years who has lodged a report which made police to register a crime
and investigate. It is informant's case that through the matrimonial
website, she got acquainted with the applicant. Both frequented with
each other and went to a lodging house at Nagpur where they stayed
for two days. It is informant's case that the applicant assured her to
marry and under said pretext established sexual relations. She stated
that later on the applicant did not respond, therefore, the report.
(5) Both have appeared before us and stated that under
miscommunication, crime has been registered but, they have decided
to marry with each other. Both have filed affidavit to that effect.
Moreover, the informant lady has filed a reply stating about settlement
and her no objection.
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40.apl46.2024jud.odt
(6) Apart from the settlement, we have examined the
available material to see the existence of a prima facie case.
Undoubtedly, the informant is well educated grown-up lady. Both
have stayed in a lodging house for two days, for which, there is no
dispute. The informant never ventilated the grievance about the
alleged act of sexual intercourse on promise to marry. The contents of
the police report itself discloses that after the occurrence the applicant
along with his father went to the informant's house expressing his
desire to marry. It appears that, however, thereafter, the applicant's
mobile was unreachable that is why the report has been lodged. The
contents of the FIR discloses that they were in a relationship. It is not
a case where we could say that under a false pretext, consent was
obtained because, after relations, the applicant with his father went for
settlement of marriage. It is evident that during the meantime his cell
phone was unreachable that is why the report has been lodged under
frustration. Moreover, during statement under Section 164 of the Code
of Criminal Procedure, the informant stated that out of
misunderstanding, she had lodged a report.
(7) It is evident from the above material that though
they had relationship, however, it was not under the false pretext of
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40.apl46.2024jud.odt
marriage. There is no material to infer the act of applicant amounting
to obtaining consent by deceitful means. In these circumstances,
continuation of prosecution amounts to abuse of the process of the
Court. Even otherwise since both are ready to marry with each other
the continuation of the trial may become an obstacle in their
relationship.
(8) In view of above, the application is allowed. We
hereby quash and set aside the FIR in Crime No. 579/2023 registered
with Ranapratap Nagar Police Station, Nagpur, for the offence
punishable under Sections 376 of the Indian Penal Code.
(9) The criminal application stands disposed of
accordingly.
[VRUSHALI V. JOSHI, J.] [VINAY JOSHI, J.]
Prity
Signed by: Mrs. Prity Gabhane PAGE 4 OF 4
Designation: PA To Honourable Judge
Date: 30/01/2024 10:20:44
