Bombay High Court
Gaurav S/O Manohar Yadgire vs State Of Maharashtra on 19 June, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor
2025:BHC-NAG:5840-DB
1 apl745.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.745/2025
Gaurav S/o Manohar Yadgire,
aged about 33 Yrs., Occu. Agriculturist,
R/o Tudgaon, Tah. Telhara,
Distt. Akola. ... Applicant
- Versus -
1. State of Maharashtra,
through its Police Station Officer,
Police Station, Telhara,
Tah. Telhara, Distt. Akola.
2. Madhuri W/o Shivdas Gawande,
aged about 40 Yrs., Occu. Housewife,
R/o Gajanan Nagar, Telhara,
Tah. Telhara, Distt. Akola. ... Non-applicants
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Mr. A.M. Tirukh, Advocate for the applicant.
Ms. S.N. Thakur, A.P.P. for non-applicant No.1/State.
Mr. J.M. Gandhi, Advocate with Mr. U.V. Chakravarty, Advocate
for non-applicant No.2.
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CORAM: ANIL S. KILOR AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : 19.6.2025.
JUDGMENT (Per Anil S. Kilor, J.)
Rule. Rule made returnable forthwith. Heard finally
by consent of learned Advocates for the parties.
2 apl745.2025
2. By the present application, the applicant is praying for
quashing and setting aside the Charge-sheet No.81/2019 dated
29.8.2019 arising out of F.I.R. No.57/2019 dated 23.2.2019
registered with Police Station Telhara, Tah. Telhara, Distt. Akola
for the offence punishable under Sections 354, 354-A, 294, 509,
341, 323 and 506 of the Indian Penal Code.
3. The learned Advocate for the applicant and the
learned Advocate for the non-applicant No.2 jointly made a
statement that the parties have amicably settled the matter and the
non-applicant No.2 does not want to prosecute the applicant.
Accordingly, an affidavit to that effect has been placed on record,
sworn by the non-applicant No.2. The same is taken on record.
4. The non-applicant No.2 in the affidavit stated that
the applicant and she belong to same caste and they are distant
relatives of each other. They want to lead a peaceful life and do
not want to indulge in court cases and further they decided to
bury the dispute and, therefore, they have settled the matter.
3 apl745.2025
5. The complainant is present in the Court and she has
been identified by her Advocate and on interaction, she admits
the fact of settlement and further she expressed a desire not to
prosecute the applicant.
6. In the aforesaid backdrop, considering the fact that
the complainant herself does not want to prosecute the applicant
as has stated in her affidavit, even if the trial is conducted, it
would result in the acquittal of the applicant and no fruitful
purpose would be served. In other words, in that eventuality, the
whole exercise will be proved as futile. In the circumstances, we
are of the opinion that in the light of the judgment in case of
Gian Singh V/s State of Panjab and another reported in 2012 (10)
SCC 303 the application needs to be allowed.
7. Since the parties have set the law in motion and after
lapse of long time they arrived at a settlement, therefore, it is
directed that the applicant shall deposit costs of Rs.11,000/- in the
4 apl745.2025
account of Uccha Nyayalay Chaturth Shreni Karmachari Sangh,
Nagpur as a condition precedent.
8. Accordingly, the application is allowed in terms of
prayer clause (i) which reads as follows:-
"(i) quash and set aside the charge-sheet No.81/2019 dated
29.08.2019 for the offence under Sections 354, 354-A, 294, 509,
341, 323, 506 of Indian Penal Code, 1860 arising out of First
Information Report No.57/2019 dated 23.02.2019 registered by
the respondent No.1-Police Station, Telhara, Tah. Telhara,
District-Akola (Annex.A) as well as the Regular Criminal Case
No.148/2019 (State V/s. Gaurav) pending before the learned
Judicial Magistrate First Class, Telhara, Tah. Telhara, District
Akola which has been registered against the applicant pursuant to
the filing of chargesheet No.81/2019, in the interest of justice."
(MRS.VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR
Designation: PS To Honourable Judge
Date: 24/06/2025 16:44:15
