Sagar S/O. Vinod Sarwan v. The State Of Mah. Thr. Ps Ajni, Dist. Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY :

NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [APL] No. 689/2023.

Sagar s/o Vinod Sarwan, Aged about 34 years, Occupation Service, resident of Quarter No.242/4, Railway Polytechnic Hospital, Kampthi Road, Near Punjabi Line, Bezonbagh, Nagpur.

... APPLICANT.

VERSUS

1.The State of Maharashtra, through Police Station Ajni, District Nagpur.

2.Reema Bhaurao Kangale, Aged about 32 years, Occupation Doctor, resident of Plot No.7, Indraprast Nagar, Babde Layout, Sonegaon, Nagpur Maharashtra.

... NON-APPLICANTS.

--------------------------------- Mr. T.S. Kene, Advocate for the Applicant.

Mr.N.R. Rode, A.P.P. for Non-applicant No.1/State. Mr.N.B. Kanade, Advocate for Non-applicant No.2. ----------------------------------

CORAM : VINAY JOSHI AND BHARAT P. DESHPANDE , JJ.

DATE : MAY 03 , 2023 .

ORAL JUDGMENT (PER VINAY JOSHI, J.) :

Heard. Considering the controversy involved in the matter and by consent of the learned Counsel for the parties, the matter is taken up for final disposal.

Admit.

[ 2.

This is an application seeking to quash the first information report bearing Crime No.82/2023 registered with the Ajni Police, District Nagpur for the offence punishable under Sections 354, 354-D, 323, 504 and 506 of the Indian Penal Code, on account of settlement.

3.

The informant lady has lodged a report alleging that the applicant has outraged her modesty, continuously harassed her amounting to stocking, and threatened her. The informant was

studying in medical college where she got acquainted with the applicant. Both are in relationship. The matter is settled between the parties. The informant lady has filed reply stating that out of misunderstanding she has lodged the report, and do not want to continue with the criminal case. The informant lady is present in the Court and identified by her Advocate Shri N.R. Kanade. The informant lady has accepted the terms and shown her noninclination to prosecute the criminal case. 4.

The alleged offence cannot be termed as heinous or of antisocial nture. Since the matter is amicably settled, we are inclined to exercise our inherent powers. We have brought to the notice of the applicant that due to lodging of the first information report, police machinery has been rotated. At this juncture, the learned counsel for the Applicant, on instructions states that the applicant would deposit an amount of Rs.10,000/- towards cost. In view of above, following order is passed.

ORDER

[i] Criminal Application is allowed and disposed of. [ii] The first information report bearing Crime No.82/2023 registered with the Ajni Police, District Nagpur for the offence punishable under Sections 354, 354-D, 323, 504 and 506 of the Indian Penal Code, is hereby quashed and set aside.

[iii] The applicant to deposit an amount of Rs.10,000/- with the High Court Bar Association, Nagpur within a period of one week.

[iv] List the matter for reporting compliance on 05.06.2023. JUDGE JUDGE Signed By:RAKESH GANESHLAL DHURIYA Private Secretary High Court of Bombay, at Nagpur