Bombay High Court
Akash Shanker Gawali vs The State Of Mah. Thr. Pso Vasant Nagar ... on 7 May, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:5615-DB
1 apl78.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.78/2024
Akash Shanker Gawali,
age about 36 Yrs., Occ. Private Service,
R/o Srirampur, Pusad, Tq. Pusad,
Distt. Yavatmal. ... Applicant
- Versus -
1. The State of Maharashtra,
through P.S.O. Vasant Nagar,
Pusad, Tq. Pusad, Distt. Yavatmal.
2. XYZ
Crime No.67/2023
P.S. Vasant Nagar,
Tah. Pusad, Distt. Yavatmal. ... Non-applicants
-----------------
Mr. K. Rawandhe, Counsel for the Applicant.
Mr. S.A. Ashirgade, A.P.P. for Non-applicant No.1.
Mr. L.G. Tiple, Counsel for Non-applicant No.2.
----------------
CORAM: VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : 7.5.2024.
ORAL JUDGMENT (Per Vinay Joshi, J.)
Heard. Rule. Rule made returnable forthwith.
Heard finally by consent of learned counsel for the parties.
2 apl78.2024
2. This is an application seeking to quash F.I.R. in Crime
No.0067/2023 registered by non-applicant No.1 for the offence
punishable under Sections 376(2)(n), 294, 337, 323, 504 and
506 of Indian Penal Code.
3. The informant, a married lady, aged about 36 years,
has lodged the report alleging that the applicant has sexually
exploited her under false pretext of marriage. It is the prosecution
case that in the year 2017-2018 the informant (victim) got
acquainted with applicant through face-book which culminated
into love affair. It is victims case that from the year 2018 to 2022
on various occasions the applicant had established physical
relations by expressing his desire to marry. It is alleged that
sometime there was a quarrel between them and the applicant
assaulted as well as threatened the victim. The victim realized
that the promises were false hence she has lodged the report on
15.2.2023.
3 apl78.2024
4. Informant has appeared through her Advocate and
filed reply stating that they had consensual relations and out of
misunderstanding she has lodged the report. The informant is
present before us who is identified by her Advocate. She has
stated about her no objection to quash the proceedings.
5. Apart from this we have examined the entire material
to see whether prima facie case is made out. Admittedly the
victim got married long back in the year 2007 and during
subsistence of her marriage all this has happened. It is informant's
case that from 2018 to 2022 time to time applicant has sexually
exploited her. It is apparent that the victim was well aware that
due to existence of her marriage she could not marry. Therefore, it
is impossible to believe her version that only because the
applicant assured her to marry she has submitted herself. It
reveals that the relationship was long standing for near about 4
years. It is apparent that both are well grown up. The victim
despite the marriage maintained and continued the relationship
for about 4 years and thus it is a case of consensual relationship.
4 apl78.2024
In the circumstances, even if the prosecution case is taken at its
face value it does not constitute the offence of rape. Moreover
the victim herself has stated about the consensual relationship.
The learned Counsel for the applicant expressed willingness to
deposit Rs.10,000/- with Library, High Court Bar Association,
Nagpur within two weeks.
6. In view of the above, the application is allowed.
We hereby quash and set aside the F.I.R. in Crime
No.0067/2023 registered by non-applicant No.1 for the offence
punishable under Sections 376(2)(n), 294, 337, 323, 504 and
506 of Indian Penal Code.
The applicant shall deposit costs of Rs.10,000/-
within two weeks from today with the Library, High Court Bar
Association, Nagpur.
Stand over to 11.6.2024 for noting compliance.
(MRS.VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR
Designation: PA To Honourable Judge
Date: 09/05/2024 17:22:03
