Bombay High Court
Vilas S/O Fakira Pitalewad vs The State Of Maharashtra Thr. Ps ... on 25 September, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:10804-DB
Judgment 953 apl 529.24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 529/2024
Vilas s/o Fakira Pitalewad,
aged about 29 yrs., Occ. Private,
R/o. Kasarbehal, P.O. Tenbhi,
Tal. Mahagaon, Dist. Yavatmal.
... APPLICANT
VERSUS
1. State of Maharashtra,
through Police Station Mahagaon,
Dist. Yavatmal.
2. XYZ, in Crime No.265/2016
through Police Station Mahagaon,
Dist. Yavatmal.
...NON-APPLICANTS
---------------------------------
Mr. I. V. Tambe, Advocate for applicant.
Mr. A. Badar, APP for non-applicant No.1.
Ms. Sakshi Agrawal, Advocate for non-applicant No.2.
----------------------------------
CORAM : VINAY JOSHI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 25.09.2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit.
Judgment 953 apl 529.24
3. This is an application seeking to quash criminal prosecution
bearing Spl. (Child) Case No. 44/2016 arising out of crime No. 265/2016
for the offence punishable under Sections 376(2)(I)(N), 363, 366-A read
with Section 34 of the Indian Penal Code, Section 4 of the Protection of
Child from Sexual Offences Act, 2012.
4. The informant Janardan s/o Yadavrao Rajwade, father of victim
aged 16 years alongwith victim are present before us. It is stated that the
matter is settled out of the Court. Both have filed affidavit stating about
settlement and their no objection. They have been identified by their
counsel Ms. Sakshi Agrawal. It is submitted that the victim was at the verge
of majority and at her instance, both applicant and victim eloped and then
got married on 16.02.2020 for which the document have been produced on
record. It is submitted that from marriage, they have a child aged three
years. Unfortunately, marriage did not work as they have applied for mutual
divorce, in which one of the term was for withdrawal of present prosecution.
The informant and her daughter would submit that considering future of
minor kid and marital prospects of victim, the prosecution may be quashed.
It is informed that till date charges have not been framed.
Judgment 953 apl 529.24
5. Though the offence is of serious nature, however it reveals that
girl who was at the verge of majority took leading part and then both visited
at different place. Not only that they have undergone marital ceremony but
also had baby from relations. Since the matter is settled, there is every
likelihood that the victim may not support, if the applicant is put on trial.
Considering the peculiarity of the facts, we are inclined to exercise our
inherent powers.
6. Though the co-accused is not before us, his role is limited of
assisting the applicant No.1 in fleeing. Moreover, the informant and his
daughter has no objection to quash the proceeding, therefore, we are
inclined to quash the entire prosecution
7. In view of above, application is allowed. We hereby quash and
set aside criminal prosecution bearing Spl. (Child) Case No. 44/2016 arising
out of crime No. 265/2016 for the offence punishable under Sections
376(2)(I)(N), 363, 366-A read with Section 34 of the Indian Penal Code,
Section 4 of the Protection of Child from Sexual Offences Act, 2012.
8. Application stands disposed of in above terms.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 27/09/2024 18:21:05
