Bombay High Court
Dhammapal Gulab Narwade vs The State Of Maharashtra Thr. Pso Ps ... on 24 October, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:12116-DB
Judgment apl11618.24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] No. 1618/2024.
Dhammapal Gulab Narwade,
Age 34 years, Occupation Private,
resident of Mohgaon Hade,
Risod, Washim. ... APPLICANT.
VERSUS
1.State of Maharashtra,
through PSO, PS Risod,
District Washim.
2.XYZ Victim,
Crime No.331/2021, PS Risod,
Washim. ... NON-APPLICANTS.
---------------------------------
Mr. M.N. Ali, Advocate for the Applicant.
Mr. A.M. Ghogare, A.P.P. for Non-applicant No.1.
----------------------------------
CORAM : VINAY JOSHI AND
ABHAY J. MANTRI, JJ.
DATE : OCTOBER 24, 2024.
Rgd.
Judgment apl11618.24
2
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard. Admit.
By consent of the learned Counsel appearing for the parties, the
matter is taken up for final disposal.
2. This is an application seeking to quash the criminal prosecution
bearing Sessions Trial No.43/2022 pending on the file of the
Principal District and Sessions Judge, Washim arising out of first
information report bearing Crime No.331/2021 registered with Risod
Police Station, Washim for the offence punishable under Sections
376, 376[2][[f][n], 313, 498-A, 323, 294 of the Indian Penal Code.
3. The learned Counsel for the applicant would submit that the
matter is already settled and this Court has quashed the criminal
prosecution against 5 co-accused in Criminal Application
No.1294/2024 vide judgment and order dated 27.09.2024, on the
basis of consent. It is further submitted that the main allegations are
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Judgment apl11618.24
against co-accused Sanghpal, whose prosecution has been quashed.
The remaining accused are relatives of husband facing the similar type
of allegation. It is submitted that while allowing the aforesaid criminal
application, the informant lady has appeared before the Court and
gave her no objection to quash the prosecution, which has been
recorded in paragraph no.6 of the order of this Court.
4. With the assistance of the learned Counsel for the parties,
we have gone through the relevant papers. The informant lady has
lodged report against her husband and relatives of husband. Grave
allegations were against Sanghpal, informant's brother-in-law about
sexual assault. The allegations against rest are of general nature. The
informant lady has settled the matter in entirety by filing reply in
Criminal Application No.1294/2024. The relevant observations
made in paragraph no.6 of the order in said matter reads as under :
"6. Though there was a matrimonial discord,
however, with the aid and intervention of relatives,
dispute has been settled. The informant lady has filed
a reply stating that the relationship was consensual
and now as the matter is settled, she does not wish to
go on with the prosecution. The informant is present
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before us, who is identified by her Counsel. The
informant stated that since last two years, she is
residing with her husband since the matter is settled.
She urged to quash the proceedings as the pendency
of prosecution would become a hurdle in her
matrimonial life. She has also stated that the future of
her minor kids would be in dark in case the
prosecution is continued."
5. It is apparent that the informant intended to quash the
entire proceeding since she has submitted that pendency of
prosecution would become hurdle in her matrimonial life. Having
regard to the said special feature, we do not see any reason to keep
this ancillary prosecution pending against Dhammapal, against whom
no major allegations are leveled. We may reiterate that the informant
has already settled the dispute with all other accused, including the
main culprit. In the circumstances, continuation of prosecution
would yield nothing, but, would be an abuse of the process of Court.
6. In view of above, Criminal Application is allowed and
disposed of. The Sessions Trial No.43/2022 pending on the file of the
Principal District and Sessions Judge, Washim arising out of first
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Judgment apl11618.24
information report bearing Crime No.331/2021 registered with Risod
Police Station, Washim for the offence punishable under Sections
376, 376[2][[f][n], 313, 498-A, 323, 294 of the Indian Penal Code, is
hereby quashed and set aside against present applicant.
JUDGE JUDGE
Rgd.
Signed by: R.G. Dhuriya (RGD)
Designation: PS To Honourable Judge
Date: 25/10/2024 16:30:49
