Dnyaneshwar Suresh Awsarmol v. The State Of Mah. Thr. Police Station Officer P.S. Chikhli, Tq. Chikhli, Dist.Buldhana Another
2024:BHC-NAG:10560-DB 1 26.apl.1271.24-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 1271 OF 2024
1. Dnyaneshwar s/o. Suresh Awsarmol, Aged about 36 years, Occupation : Labour.
R/o. Chandhai, Tah. Chikhli, Dist. Buldhana.
... APPLICANT ...VERSUS...
1. The State of Maharashtra, Through Police Station Officer, Police Station Chikhli, Tah. Chikhli, Dist. Buldhana.
2. Sunita w/o. Sunil Ingle, Aged about 44 years, Occupation : Household, R/o. Chandhai, Tah. Chikhli, Dist. Buldhana.
...NON-APPLICANTS ------------------------------------------------------------------------------------------------ Mr. A. A. Zade, Advocate h/f. Mr. Anup Gilda, Advocate for Applicant. Mr. A. B. Badar, A.P.P. for Non-applicant/State. Mr. N. B. Kalwaghe, Advocate for Non-applicant No.2. ----------------------------------------------------------------------------------------------- CORAM :
VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ.
DATED :- 19.09.2024 ORAL JUDGMENT (PER :
VINAY JOSHI , J.
) :- 1.
Heard.
2.
ADMIT. The matter is taken up for final disposal by consent of learned Counsel appearing for the parties.
2 26.apl.1271.24-J.odt 3.
This is an application seeking to quash First Information Report vide Crime No.407/2024 registered with Police Station Chikhli, District Buldhana for the offences punishable under Sections 354, 354-B, 452, 324, 323, 294 and 506 of the Indian Penal Code on account of settlement. 4.
The informant alleges that on 25.05.2024, in the early hours, the applicant barged into her house and outraged her modesty. The matter has been amicably settled between the parties. A counter First Information Report has been lodged by the wife of the applicant against the husband of the informant and others. The said matter is also amicably settled. 5.
The informant has filed reply stating about settlement and her no objection to quash the proceedings. The informant has appeared in the Court and gave her no objection. The parties are resident of the same village. In order to maintain peace and harmony, both rival cases have been settled. In view of that to secure the ends of justice, we deem it appropriate to invoke our inherent powers.
6.
We have brought to the notice of the parties that due to registration of crime, police have investigated the matter, filed charge sheet and the Court has devoted time in going on with the prosecution. At this juncture, the learned Counsel for the applicant makes a statement that the applicant would deposit an amount of Rs. 10,000/- towards costs.
3 26.apl.1271.24-J.odt 7.
Considering above peculiar facts, we are inclined to exercise our exceptional powers, hence, the following order is passed :
ORDER
(i) Criminal Application is allowed.
(ii) We hereby quash and set aside the First Information Report vide Crime No.407/2024 registered with Police Station Chikhli, District Buldhana for the offences punishable under Sections 354, 354-B, 452, 324, 323, 294 and 506 of the Indian Penal Code.
(iii) The applicant shall deposit sum of Rs.10,000/- towards costs in the account of M/s. High Court Gazetted Officers Association, Nagpur with Union Bank of India, High Court Branch, Civil Lines, Nagpur within two weeks from today.
(iv) The matter be placed on 04.10.2024 for reporting compliance. (MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 21/09/2024 15:21:12 RGurnule