Narayan Ramrao Ingle v. State Of Mah. Thr. Pso Ps Chikhli Dist.Buldhana And Anohthr

1 34.34A.apl.199.2022.200.2022

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.199 OF 2022 Narayan Ramao Ingle ..vs..

State of Maharashtra and anr.

AND CRIMINAL APPLICATION NO.200 OF 2022 Prashant Gulabrao Jadhav ..vs..

State of Maharashtra and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sachin Awchar, Advocate for the applicants. Smt. Sneha Dhote, Additional Public Prosecutor for the State. Shri Syed Owais Ahmed, Advocate for non-applicant no.2. CORAM: VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ. DATED : 10/10/2024.

Heard.

2.

Both applicants are similarly seeking to quash the First Information Report No.784 of 2021 registered with the Chikhali Police Station, District Buldhana for the offence punishable under Sections 354, 323 read with Section 34 of the Indian Penal Code, on account of settlement.

3.

The informant lady was a member of Local Gram Panchayat. It is her case that, on 01.12.2021, around 11.15 a.m., a meeting was held at Gram Panchayat office. After meeting, when the informant has asked for proceeding book, applicant Narayan Ingle (in Criminal Application No.199/2022) behaved arrogantly and by pulling her hand, outraged her modesty. At the

2 34.34A.apl.199.2022.200.2022 relevant time, applicant Prashant Jadhave (in Criminal Application No.200/2022) was present, who has also pulled her saree, and therefore, the offence. 4.

Since both sides are in habitants of same village, member and employee of the Gram Panchayat, with an intervention of villagers the matter has been amicably settled. The informant lady is present before the Court, who is identified by her Counsel Shri Syed Owais. She has filed an affidavit-in-reply stating about the settlement. On our query, she has stated about the settlement and gave no objection to quash the proceedings.

5.

The offence cannot be termed as heinous or antisocial. The parties are the resident of same village, hence to maintain harmony, the matter is settled. In the circumstance, continuation of prosecution amounts to abuse of the process of Court.

6.

In view of the above, the criminal applications are allowed. We hereby quash and set aside the First Information Report No.784 of 2021 registered with the Chikhali Police Station, District Buldhana for the offence punishable under Sections 354, 323 read with Section 34 of the Indian Penal Code.

7.

The Criminal applications are disposed of accordingly.

(MRS.

VRUSHALI V. JOSHI , J.

) (VINAY JOSHI, J.) Trupti