Allowed

Bhushan S/O Bhaskarrao Bhoyar v. the State of Maharashtra Thr. Pso, Ps, Wardha Nagpur Railway Dist. Wardha and Antoher

Bombay HC29 Aug 2024APL/1197/2024

Case brief

AI extract

What is this about?

The High Court allowed a criminal application to quash an FIR registered for offences under IPC Sections 354, 504, and 323. The Court found a settlement between the parties and the informant's pardon and withdrawal, holding that prosecution would be an abuse of process.

What did the court decide?

The First Information Report No.292 of 2024 registered with Wardha Police Station, Nagpur Railway is quashed and set aside.

Bhushan S/O Bhaskarrao Bhoyar Vs the State of… — Writ and Judicial Review | Bombay HC (2024)

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1 915.apl.1197.2024

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION NO. 1197 OF 2024

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Bhushan s/o Bhaskarrao Bhoyar ..vs..

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State of Maharashtra and anr.

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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Shri A.S. Shukla, Advocate for the applicant. Shri S.S. Doifode, Addl.P.P. for the State. Shri H. Chavhan, advocate for non-applicant no.2.

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CORAM: VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, J J. DATED : 29/08/2024.

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Heard.

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This is an application seeking to quash the First Information Report No.292 of 2024 registered with the Wardha Police Station, Nagpur Railway for the offence punishable under Sections 354, 504, 323 of the Indian Penal Code, on account of settlement.

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The informant lady aged 22 years, has lodged the report. It is her contention that the applicant is in her acquaintance, who insisted her in public place to accompany him. On resistance caught her hand and gave slaps.

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The parties are acquainted with each other. With the aid and intervention of local people, they have settled the differences between them to maintain cordial relations. The informant lady is present before us, who is identified by her Counsel Shri Chavhan. She has stated about the settlement and gave her no objection to quash the proceedings. The informant has also filed a reply

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2 915.apl.1197.2024

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stating about the settlement.

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It reveals that the occurrence was out of the misunderstanding between both of them. The informant lady has pardoned to the applicant and agreed to withdraw the proceedings. The alleged offence cannot be terms as heinous or anti-social. Having regard to the settlement, continuation of prosecution would be abuse of the process of Court.

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In view of the above, the criminal application is allowed. We hereby quash and set aside the First Information Report No.292 of 2024 registered with the Wardha Police Station, Nagpur Railway for the offence punishable under Sections 354, 504, 323 of the Indian Penal Code.

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The Criminal Application stands disposed of accordingly.

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(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)

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Trupti

Bhushan S/O Bhaskarrao Bhoyar v. the State of Maharashtra Thr. Pso, Ps, Wardha Nagpur Railway Dist. Wardha and Antoher

Case brief

What is this about?

What did the court decide?

Bhushan S/O Bhaskarrao Bhoyar v. the State of Maharashtra Thr. Pso, Ps, Wardha Nagpur Railway Dist. Wardha and Antoher

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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