Pravin Dayaram Wanjari v. State Of Mah. Thr. Pso Ps Kholapur Tq.Bhatkuli Dist.Amravati And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.

OF APPLICANT :

Pravin Dayaram Wanjari Aged about 32 years, Occ-Labour, R/o Malkapur, Tq. Bhatkuli, Dist.

Amravati.

..VERSUS..

NON-APPLICANTS : 1 State of Maharashtra, through Police Station Officer, Police Station, Kholapur, Tq.Bhatkuli, Dist.Amravati Komal Vinay Ingale, Aged about 29 years, Occ: Household, R/o. Malkapur Dhamora, Tq.Bhatkuli, Dist Amravati.

----------------------------------------------------------------------------------------- Ms A. R. Sharma, Advocate for the Applicant.

Mr M. J. Khan, Addl. P. P. for the Non-Applicant No.1/State. Mr A. S. Ambatkar, Advocate for the Non-Applicant No.2. -------------------------------------------------------------------------------------------------------- CORAM :

VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATE :

rd FEBRUARY , 2023.

ORAL

JUDGMENT

: (PER :

VINAY JOSHI , J.

) .

Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties.

2.

This is an application seeking to quash the First Information Report (FIR) in Crime No.95 of 2014, registered with Kholapur Police Station, District Amravati, for the offence punishable under Section 354(a)(c)(d) of the Indian Penal Code, 1860.

3.

Informant lady has lodged a report stating that the Applicant (accused) is her nearby resident. All the time, he used to follow her with ill-intent and demanded for sexual favours. Not only that when the informant used to go to bathroom, the accused watches her, as such the report is about sexual harassment, voyeurism and stalking has been registered. The Police completed investigation and filed charge-sheet in the year 2014 itself, which is pending on the file of JMFC, Bhatkuli, District Amravati bearing SCC No.283 of 2014.

4.

The informant and accused are nearby residents. The accused has realized his mistake and has repentance on his acts. In order to maintain cordial relations amongst two families, with intervention of villagers, the matter has been

settled. The accused tendered apology to informant and her family members. In order to maintain peace and harmony and to put an end to bitterness, the informant large heartedly accepted the apology and gave her no objection to quash and set aside the concerned criminal proceeding. The informant has also filed her affidavit to that extent. The informant lady had appeared in Court on last date and affirmed about her unconditional willingness to quash the FIR.

5.

Undeniably, the parties are neighboring residents. There are no criminal antecedents against the accused nor he was involved in anti social activities. Though, the offence pertains to the harassment of woman, however, it cannot be termed as heinous one. The accused has realized his mistake, and therefore, tendered his apology to the informant lady. The parties are resident of same village as well as same area and obviously continuation of proceeding would further the enmity amongst two families. Since the informant has no objection for above reasons, we deem it appropriate to invoke our inherent jurisdiction.

6.

We take a special note that the FIR was filed in the year 2014, on which the Police investigated the matter resulting into filing final report. It is informed that the case is pending for recording of evidence. Obviously, for past eight years, the matter is lingering in the Court of Magistrate, who must have been spent considerable time to proceed with the case. When these facts are brought to the notice of the Applicant (accused), he voluntarily shows his willingness to deposit Rs.20,000/- towards costs.

7.

In view of above, we deem it fit to quash the concerned criminal proceeding. The criminal application is allowed.

8.

We hereby quash and set aside the FIR in Crime No.95 of 2014 alongwith related criminal case namely SCC No.283 of 2014 pending on the file of JMFC Bhatkuli, District Amravati.

9.

The Applicant shall deposit costs amount to the Taluka Legal Services Committee, Bhatkuli, District Amravati, within two weeks from today.

10.

The application is disposed in above terms, but it shall be placed before us for noting compliance on 10.03.2023.

11.

Rule is made absolute in above terms.

(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.) TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE