Bombay High Court
Kushalkumar S/O Ramesh Chandra vs State Of Maharashtra, Through Pso Ps ... on 14 January, 2025
Author: N.B. Suryawanshi
Bench: Nitin B. Suryawanshi
2025:BHC-NAG:418-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.1436 OF 2024
Kushalkumar s/o Ramesh Chandra,
Aged 31 years, Occ: Service,
R/o C/o Ramesh Chandra, C-Block,
Shyam Nagar, C.O.D., Kanpur,
Uttar Pradesh. ...APPLICANT
...V E R S U S...
1. State of Maharashtra,
Through PSO, Ranapratap Nagar,
Nagpur, District Nagpur.
2. X.Y.Z./Victim
Crime No.336/2023
P.S. Ranapratap Nagar, Nagpur,
Dist. Nagpur. ...NON-APPLICANTS
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Shri R.R. Bagade, Advocate for applicant.
Shri Nikhil Joshi, APP for non-applicant no.1/State.
Shri K.Y. Mandpe, Advocate for non-applicant no.2.
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CORAM :- N.B. SURYAWANSHI &M.W. CHANDWANI, JJ.
DATED :- 14.01.2025.
ORAL JUDGMENT (PER : N.B. SURYAWANSHI, J.):
. Rule. Rule is made returnable forthwith, heard by
consent of the parties.
2. This application is filed under Section 528 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 for quashing of the First
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Information Report No.336/2023 lodged by non-applicant no.2 with
Ranapratap Nagar Police Station, Nagpur for the offences punishable
under Sections 376(n), 377 and 506 of the Indian Penal Code and
the further proceedings of R.C.C. No.3272/2023 pending before
learned 16th Judicial Magistrate First Class, Nagpur.
3. It is alleged in the FIR that non-applicant no.2 got
acquainted with the applicant in the year 2021 in the marriage at
Jhansi and they exchanged their cellphone numbers and started
chatting on WhatsApp. On 22.04.2022, the applicant came to Nagpur
and invited non-applicant no.2 to Treebo Tryst Median Inn Hotel,
Jaitala Road, Nagpur where a room was already booked by the
applicant. They stayed there for two days and as applicant promised
to marry, he established forcible physical relations with her. They had
physical relations on multiple occasions during the period of two
days. Thereafter, their physical relations continued from time to time
at various places including Masoori in Uttarakhand, Agra and
Shikohabad, District Firozabad in Uttar Pradesh, etc. Subsequently,
applicant stopped conversation with non-applicant no.2 and refused
to marry with her saying that his parents are opposed to their
marriage. Therefore, FIR is lodged by non-applicant no.2 contending
that from the period 23.04.2022 to 10.06.2023, applicant established
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physical relations with her on the false promise of marriage. On
completion of investigation, charge-sheet was filed and case is
numbered as R.C.C. No.3272/2023, pending before 16 th Judicial
Magistrate First Class, Nagpur.
4. Heard learned Advocate for the applicant, learned APP
for non-applicant no.1/State and learned Advocate for non-applicant
no.2.
5. Non-applicant no.2 has filed an affidavit dated
04.01.2025 stating that, applicant and non-applicant no.2 have
arrived at a compromise and they have settled the dispute outside
the Court. Memorandum of Understanding executed between the
applicant and non-applicant no.2 is also placed on record. Today,
non-applicant no.2 is present in the Court and she is identified by her
Advocate. She has filed additional affidavit stating that she had love
affair with the applicant and they have visited various places. Since
there was refusal on the part of applicant refused to marry her due to
pressure of parents, she has lodged FIR in question. She has no
objection if the FIR (Annexure-A) is quashed.
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6. Perusal of the FIR and investigation papers show that
there was love affair between non-applicant no.2 and applicant and
physical relations between them were consensual.
7. Taking into consideration the affidavit filed by non-applicant
no.2 reiterating the fact that relations between applicant and non-
applicant no.2 were consensual and the applicant refused to marry
with her due to his parents pressure, in these facts of the present case
it cannot be said that applicant gave false promise of marriage to
non-applicant no.2 and established physical relations with her. In
view of the settlement of dispute between the applicant and non-
applicant no.2 and her no objection to quash the FIR, no useful
purpose would be served by continuing the prosecution against the
applicant. Even if we allow the prosecution to continue, the trial will
be resulting into acquittal as non-applicant no.2 is not likely to
support the prosecution case hence, it will be futile exercise, which
would lead to waste of judicial time and energy. In our opinion,
therefore, continuation of prosecution in the present case would be
an abuse of process of the law. We are therefore inclined to allow the
application.
8. Resultantly, the application is allowed.
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9. Crime No.336/2023 registered with Ranapratap Nagar Police
Station, Nagpur and the proceedings of R.C.C. No.3272/2023
pending in the Court of 16th Judicial Magistrate First Class, Nagpur
are hereby quashed and set aside subject to depositing costs of
Rs.20,000/- (Rs.Twenty thousand) with Tiroda Bar Association,
Tiroda, District Gondia for its library development within two weeks
from the date of uploading this order.
Rule is made absolute in above terms.
(M.W. CHANDWANI, J) (N.B. SURYAWANSHI, J.)
Wagh
