Praful S/O Prabhakar Gondge v. The State Of Maharashtra Through Pso Kondali Dist Nagpur And Another

2024:BHC-NAG:8949-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.

OF 20 Praful s/o Prabhakar Gondge, aged about 35 years, Occ : Labour, R/o Kansaram Diware, panchdhar Kachari Sawanga, Tah - Katol, Dist Nagpur.

...APPLICANT

VERSUS

1.

State of Maharashtra, through Police Station Officer, Kondali, Dist.

Nagpur rural.

2.

XYZ, Crime No. 556/2024, through Police Station Officer, Kondali, Dist.

Nagpur rural ... NON-APPLICANTS __________________________________________________________ Shri S.V. Sirpurkar, Advocate for the applicant. Shri Chute, A.P.P. for the State.

Shri C.R. Najbile, Advocate for non-applicant no.2. __________________________________________________________ CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, J J.

DATED : 12.08.2024.

ORAL

JUDGMENT

: (Per : Vinay Joshi, J.) Heard. ADMIT.

2.

The matter is taken up for final disposal with the consent of the learned Counsel appearing for the parties. 3.

This is an application seeking to quash the First Information Report No.556 of 2024 registered with the Kondhali Police Station, Nagpur Rural for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023, on account of merits as well as settlement. 4.

The informant lady aged 41 years of age has lodged the report stating that from last 5 to 6 years, she had love relationship with the applicant. She alleges that under the promise to marry, the applicant has established sexual relations during the course of last 5 years. She stated that the relations were from last 6 years, however as she felt that the promise was false, she lodged the report. 5.

The informant lady is present before the Court, who is identified by her Counsel Shri C.R. Najbile. The

informant has settled the differences out of the Court and filed an affidavit in reply stating that they were in love relationship. More particularly, on 13.07.2024 they got married with each other. The copy of marriage certificate is tendered on record. The informant stated that out of misunderstanding she has lodged the report.

6.

It reveals that there was relationships between two adults from lasted for 6 years. Moreover, the parties got married and presently, the informant lady is staying with the applicant. It is apparent that, it is a case of consensual relationship.

7.

In view of the above peculiar facts, we deem it appropriate to invoke our inherent powers, hence the following order :

(a) The Application is allowed and disposed of.

(b) We hereby quash and set aside the First Information Report No.556 of 2024 registered with the Kondhali Police Station, Nagpur Rural for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023.

(MRS. VRUSHALI V. JOSHI, J. ) (VINAY JOSHI, J.) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 14/08/2024 15:04:21