Vidya D/O Raju Kale v. The State Of Maharashtra Thr. Pso Rajapeth Amravati And Another

2024:BHC-NAG:12168-DB J-apl773.24.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) No.773 OF 2024 Vidya D/o. Raju Kale, Age about 24 years, Occupation : Labour, R/o. Dusshera Maidan, Amravati.

: APPLICANT ...VERSUS...

1. State of Maharashtra, through Police Station Rajapeth, Amravati.

2. Sarang S/o. Keshavrao Admane, Age about 34 years, Occupation : Service, R/o. Sainik Colony, MIDC Road, Amravati.

: RESPONDENTS =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. Y.S. Jaiswal, Advocate for applicant.

Mr. A.B. Badar, APP for respondent No.1.

Mr. S.V. Sirpurkar, Advocate for respondent No.2. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : VINAY JOSHI AND SANJAY A. DESHMUKH, JJ. DATE : 9 th OCTOBER, 2024.

ORAL JUDGMENT : (Per : Vinay Joshi, J.) 1.

Admit.

2.

Heard finally with the consent of the learned counsel for the parties.

J-apl773.24.odt 2/3 3.

This is an application seeking to quash the criminal prosecution bearing Regular Criminal Case No.870/2023 arising out of Crime No.818/2022, registered with Police Station Rajapeth, Amravati City, for the offence punishable under Sections 341, 506(2), 294, 352 of the Indian Penal Code and Sections 4 and 25 of the Arms Act, 1959 on account of settlement.

4.

It is informant's case that he was having acquaintance with applicant lady. On 24.9.2022 while the informant was proceeding by riding on two-wheeler along with his wife and daughter, the applicant lady accosted, caught hold his collar, abused in filthy language and raised monetary demand, therefore, the offence. The Police have investigated the matter and filed the charge-sheet. It is brought to our notice that in all six reports have been lodged by the informant against the applicant whilst the applicant lady has lodged report about sexual assault against the informant. The parties have settled the dispute out of Court and decided to withdraw rival proceedings. 5.

In accordance with settlement, the informant has filed reply stating about the settlement and no objection to quash the proceeding. The informant has appeared before us and gave no objection. The offence cannot be termed as heinous or antisocial. In

J-apl773.24.odt 3/3 the circumstances, continuation of prosecution amounts to abuse of the process of the Court.

6.

In view of above, the application is allowed. 7.

The criminal prosecution i.e. Regular Criminal Case No.870/2023 pending on the file of learned Judicial Magistrate, First Class, Amravati arising out of Crime No.818/2022, registered with Police Station Rajapeth, Amravati City, for the offence punishable under Sections 341, 506(2), 294, 352 of the Indian Penal Code and Sections 4 and 25 of the Arms act, 1959 is hereby quashed and set aside.

8.

The criminal application is disposed of.

(SANJAY A. DESHMUKH, J.) (VINAY JOSHI, J.) wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 25/10/2024 17:42:55