Bombay High Court
Nilesh Sadashiv Billevar And Anr vs State Of Maha Thr Pso, Ps Balapur And Anr on 25 June, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor
2025:BHC-NAG:6110-DB
1 905.apl.830.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 830 OF 2025
WITH
CRIMINAL APPLICATION (APL) NO. 831 OF 2025
CRIMINAL APPLICATION (APL) NO. 830 OF 2025
1. Sanjay s/o. Vasantraoji Deshmukh,
Age : 46 Yrs., Occp.- Contractor,
R/o. Nilkanth Society, Lodha Heaven Nilje,
Shivaji Square, Dombivli East,
Kalyan, Thane.
2. Sachin @ Golu s/o. Balu Joshi,
Age : 30 Yrs., Occp. Contractor,
R/o. Ashnik, Electric Centre, Paras,
Balapur, Dist. Akola,
Alternate Address - Milind Nagar,
Chandur Railway, Amravati. ... APPLICANTS
...VERSUS...
1. State of Maharashtra,
Through Police Station Officer,
Police Station, Balapur, District Akola.
2. Sharda Nilesh Billewar,
Age : 36 Years, Occp. : Housewife,
R/o. Rabailjodi Square, Paras, Balapur,
District Akola. ...NON-APPLICANTS
------------------------------------------------------------------------------------------------
Mr. V. S. Sambre, Advocate h/f. Mr. R. R. Vyas, Advocate for Applicants.
Mrs. R. V. Sharma, A.P.P. for Non-applicant No.1/State.
Mr. R. P. Durge, Advocate for Non-applicant No.2.
-----------------------------------------------------------------------------------------------
WITH
2 905.apl.830.25.odt
CRIMINAL APPLICATION (APL) NO. 831 OF 2025
1. Mr. Nilesh s/o. Sadashiv Billevar,
Age : Years, Occupation- Service,
2. Atharva s/o. Nilesh Billevar,
Age - 18 years, Occ. Student,
Both R/o. C/o. Nilesh Sadashiv Billevar,
Pola Chowk, Paras, Post - Paras,
Tq. Balapur, Paras, Akola. ... APPLICANTS
...VERSUS...
1. State of Maharashtra,
Through Police Station Officer,
Police Station, Balapur, Akola.
2. Sachin s/o. Balu Joshi,
Age : 30 years, Occ. Business,
R/o. Aaushnik Vidyut Kendra, Paras,
Balapur, Akola,
Alternate Address - Milind Nagar,
Chandur Railway, Amravati. ...NON-APPLICANTS
------------------------------------------------------------------------------------------------------
Mr. R. P. Durge, Advocate for Applicants.
Mrs. R. V. Sharma, A.P.P. for Non-applicant No.1/State.
Mr. V. S. Sambre, Advocate h/f. Mr. R. R. Vyas, Advocate for Non-applicant
No.2.
-----------------------------------------------------------------------------------------------------
CORAM : ANIL S. KILOR AND MRS. VRUSHALI V. JOSHI, JJ.
DATE : 25/06/2025.
JUDGMENT (PER : MRS. VRUSHALI V. JOSHI, J.):
-
1. Heard.
2. ADMIT. The matter is taken up for final disposal by consent of
learned Counsel appearing for the parties.
3. The applicants in both the applications have lodged the complaints
against each other and counter First Information Reports are registered
3 905.apl.830.25.odt
against both the parties. Both of them have filed the applications for
quashing of the First Information Report.
4. In Criminal Application (APL) No.831/2025, the informant has
lodged the complaint against the applicants for the offences punishable
under Sections 126(2), 308(2), 351(2), 351(4), 115(2) of the Bharatiya
Nyaya Sanhita, 2023 and under Sections 3(2)(va), 3(1)(r), 3(1)(s) of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989. In the said complaint it is alleged that the applicant No.2, who
was working with the non-applicant has insulted on the caste of the first
informant knowing that he is from that community. On the complaint of
the first informant, the offence has been registered on 05.06.2025
bearing Crime No.284/2025.
5. After registration of said crime, the mother of the applicant No.2 in
said application and the non-applicant No.2 in Criminal Application
(APL) No.830/2025 has lodged the complaint against the applicants
alleging that the son of the non-applicant No.2 was working with the
applicants, when she asked them about the salary of her son, the
applicant No.1 caught hold the hand of the non-applicant No.2 and also
asked for sexual favour from non-applicant No.2. The applicant No.2 had
pulled saree of non-applicant No.2 and also demanded sexual favour. On
her complaint, the offence vide Crime No.285/2025 dated 07.06.2025
4 905.apl.830.25.odt
punishable under Sections 75, 3(5) of the Bharatiya Nyaya Sanhita, 2023
was registered.
6. During pendency of both applications, as both parties are from
same village, amicably settled the matter and decided not to proceed
further. Both of them decided to stay happily in the village and have
filed their affidavits on record.
7. The allegations are made against the applicants in Crime
No.285/2025 in Criminal Application (APL) No.830/2025 that the
applicants' sexually harassed the non-applicant No.2, but the matter has
been settled. Since the non-applicant No.2 is not willing to proceed
further, it is advisable to quash the First Information Reports to save the
time of trial. Hence, we pass the following order :
We hereby quash and set aside the First Information Report
in Criminal Application (APL) No.831/2025 bearing Crime
No.284/2025, dated 05.06.2025 registered for the offences
punishable under Sections 126(2), 308(2), 351(2), 351(4),
115(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections
3(2)(va), 3(1)(r), 3(1)(s) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 and
the First Information Report in Criminal Application (APL)
No.830/2025 bearing Crime No.285/2025 dated 07.06.2025
5 905.apl.830.25.odt
for the offences punishable under Sections 75 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
8. Pending application(s), if any, stand(s) disposed of accordingly.
(MRS. VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 01/07/2025 14:56:11
