Bombay High Court
Anil S/O Shivaji More vs The State Of Maharashtra Thr. Pso, ... on 7 May, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
1 apl794.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.794/2024
Anil s/o Shivaji More,
aged about 31 Yrs., Occ. Private,
R/o Malharvadi Yevla Road,
Nandgaon, Nashik,
Tah. and Distt. Nashik. ... Applicant
- Versus -
1. State of Maharashtra,
through Police Station Officer,
Nandanvan Police Station,
Nagpur, Tah. & Distt. Nagpur.
2. XYZ
Crime No.166/2024
Police Station Nandanvan,
Distt. Nagpur. ... Non-applicants
-----------------
Mr. A.P. Barahate, Counsel for the Applicant.
Ms. T.H. Udeshi, A.P.P. for Non-applicant No.1.
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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 apl794.2024
2. This is an application seeking to quash F.I.R. in Crime
No.0166/2024 registered by non-applicant No.1 for the offence
punishable under Sections 376 and 376(2)(n) of Indian Penal
Code on account of settlement.
3. The informant lady aged 27 years has lodged the
report alleging the offence of rape. It is informant's case that in
the year 2019 she got acquainted with the applicant. Love
relationship was developed between them and the applicant
expressed his desire to marry. On and often they maintained
physical relations during the period from 2019 to 2023 on
various places. Finally the applicant refused to marry, therefore,
the report.
4. The matter has been amicably settled in between the
parties. The informant lady has filed reply stating about
settlement and her no objection to quash the proceedings. Today
informant is present before the Court who is identified by
3 apl794.2024
applicant's Counsel. She has stated about settlement and her no
objection to quash the proceedings. Particularly the informant
stated that she got married with applicant on 17.4.2024 and thus
if proceedings is not quashed her matrimonial life would be at
stake.
5. The applicant's learned Counsel has also argued the
matter on merits by stating that apart from compromise the
contents of police report does not constitute an offence of rape.
We have examined the police report which indicates that both got
acquainted prior to 5 years and fall in love. The informant stated
that on various occasions they were intermittently meeting at each
others house and maintained physical relationship. Since the
applicant has refused to marry she has lodged the report. It
reveals that after lodgement of report both of them got married on
17.4.2024. Certificate of registration of marriage has been
produced. The informant stated that at present she is residing
with the applicant as husband and wife. The above facts indicate
4 apl794.2024
that out of love affair couple has voluntarily maintained physical
relationship. The facts enumerated above makes out a case of
consensual relationship between two adults. Rather it reveals
that the applicant though sometime denied for marriage,
however, got married on 17.4.2024 and now they are residing as
husband and wife. Certainly the continuation of prosecution
would be at the cost of marital life of the couple. In such peculiar
facts, the continuation of prosecution would amount to abuse of
process of Court.
6. While parting with the judgment the learned Counsel
for the applicant has pointed out that while deciding the
pre-arrest bail application the learned trial Court has directed the
informant lady to deposit costs of Rs.10,000/- to Police Welfare
Fund, Nagpur. Rather the informant has filed affidavit giving her
no objection to grant bail that is why the trial Court bent upon
imposing costs on informant. We are of the considered opinion
that the trial Court shall not venture into such exercise while
5 apl794.2024
deciding the bail applications. Registrar (J.) to communicate this
order to the learned Judge.
7. The contents of police report even if accepted at its
face value, does not make out the offence of rape. Having regard
to the above circumstances, the continuation of trial would
amount to the abuse of process of Court.
8. In view of the above, the application is allowed.
We hereby quash and set aside quash F.I.R. in Crime
No.0166/2024 registered by non-applicant No.1 for the offence
punishable under Sections 376 and 376(2)(n) of Indian Penal
Code.
(MRS.VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR
Designation: PA To Honourable Judge
Date: 09/05/2024 18:51:54
