Adesh S/O Rajesh Wanjari v. State Of Mah. Thr. Pso Ps Kholapur Amravati(Rural) Dist.Amravati
2024:BHC-NAG:972-DB 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 73 OF 2024 Adesh Rajesh Wanjari, Aged 23 years, Occup.Education, R/o Malkapur, Bhatukali, Kholapur, Amravati (Rural) Applicant -Versus1.
State of Maharashtra, through Police Station Officer, Police Station Kholapur, Amravati(Rural), Dist.Amravati.
2.
Sakshi Sunil Wankhede, Age 23 years, Occup. Education, R/o Rewasa Fata, Rajani Mangal Karyalaya Gadge, Nagar, Amravati, Dist. Amravati.
Nonapplicants --------------------------------------------------------------------------- Mr.S.N.Nandeshwar, counsel for the applicant. Mr.J.Y.Ghurde, APP for non applicant No.1 State. Ms. Jagruti Kurwe counsel for non-applicant No.2. --------------------------------------------------------------------------- CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI, JJ.
DATE : 22nd January, 2024 ORAL JUDGMENT (Per :Vinay Joshi, J.) Heard. Admit.
2.
The application is heard finally with the consent of the learned counsel for the parties.
3.
This is an application seeking to quash the First
2/3 Information Report in Crime No.221 of 2023 dated 10/12/2023 registered with Police Station Kholapur, Dist. Amravarti for the offence punishable under Sections 354-D, 500, 506 of the Indian Penal Code on account of mutual settlement. The informant lady aged 22 years has lodged the report alleging that the applicant has committed an offence of stalking punishable under Section 354-D as well as she was threatened and defamed. Precisely, it is her case that she was having love affair with the applicant, however, she has severed the relationship. It is contended that despite breakup, the applicant was insisting her to meet and was threatening to viral their photographs. The applicant has also informed about their relationship to the informant's would be husband, which resulted into breakup of her arranged marriage.
4.
During pendency, with the aid of middle man the matter has been amicably settled. The informant lady is present before us, who is identified by learned advocate Jagruti Kurwe. The informant has filed her affidavit stating about the settlement and her no objection to quash the proceedings. The informant is accompanied by her uncle namely, Anil Jagdeorao Wankhede, who
3/3 has also stated that the matter is settled.
5.
The overall allegations are about stalking. It appears that since, the relationship did not worth, the matter has turned into worse. The applicant lady specifically urged to quash the proceedings. Since applicant has expressed her fear that pendency may become an obstacle in her further marital prospects. The offence cannot be termed as heinous or antisocial. 6.
Having regard to peculiar facts, continuation of the prosecution would be against the interest of both. In the above facts, we are inclined to exercise our inherent powers. The application is allowed. We hereby quash and set aside the First Information Report No.221 of 2023 dated 10/12/2023 registered with Police Station Kholapur, Dist. Amravati for the offence punishable under Sections 354-D, 500, 506 of the Indian Penal Code.
(VRUSHALI V. JOSHI, J) (VINAY JOSHI, J) Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 30/01/2024 16:29:11