Allowed

Dnyaneshwar Suresh Awsarmol v. the State of Mah. Thr. Police Station Officer P.S. Chikhli, Tq. Chikhli, Dist.Buldhana Another

Bombay HC4 Oct 2024APL/1271/2024

Case brief

AI extract

What is this about?

Applicant sought quashing of FIR for offences including outraging modesty after amicable settlement between rival parties from the same village, with a cross-FIR also settled. The informant gave no objection. The court invoked inherent powers and quashed the FIR subject to deposit of Rs.10,000/- costs.

What did the court decide?

FIR vide Crime No.407/2024, PS Chikhli, quashed; applicant directed to deposit Rs.10,000/- costs within two weeks.

Dnyaneshwar Suresh Awsarmol vs the State of Mah. Thr. Police… — Quashing and FIR | Bombay HC (2024)

¶1

2024:BHC-NAG:10560-DB

¶2

1 26.apl.1271.24-J.odt

¶3

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

¶4

CRIMINAL APPLICATION (APL) NO. 1271 OF 2024

¶5

Dnyaneshwar s/o. Suresh Awsarmol, Aged about 36 years, Occupation : Labour. R/o. Chandhai, Tah. Chikhli, Dist. Buldhana.

¶6

... APPLICANT

¶7

...VERSUS...

¶8

The State of Maharashtra, Through Police Station Officer, Police Station Chikhli, Tah. Chikhli, Dist. Buldhana.

¶9

Sunita w/o. Sunil Ingle, Aged about 44 years, Occupation : Household, R/o. Chandhai, Tah. Chikhli, Dist. Buldhana.

¶10

...NON-APPLICANTS

¶11

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.

¶12

CORAM : VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ. DATED :- 19.09.2024

¶13

ORAL JUDGMENT (PER : VINAY JOSHI, J.):-

¶14

Heard.

¶15

ADMIT. The matter is taken up for final disposal by consent of

¶16

learned Counsel appearing for the parties.

¶17

2 26.apl.1271.24-J.odt

¶18

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.

¶19

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.

¶20

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.

¶21

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.

¶22

3 26.apl.1271.24-J.odt

¶23

Considering above peculiar facts, we are inclined to exercise our exceptional powers, hence, the following order is passed :

¶24

ORDER

¶25

(i) Criminal Application is allowed.

¶26

(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.

¶27

(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.

¶28

(iv) The matter be placed on 04.10.2024 for reporting compliance.

¶29

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

¶30

Signed by: Mrs. R.M. MANDADE RGurnule Designation: PA To Honourable Judge Date: 21/09/2024 15:21:12

Dnyaneshwar Suresh Awsarmol v. the State of Mah. Thr. Police Station Officer P.S. Chikhli, Tq. Chikhli, Dist.Buldhana Another

Case brief

What is this about?

What did the court decide?

Dnyaneshwar Suresh Awsarmol v. the State of Mah. Thr. Police Station Officer P.S. Chikhli, Tq. Chikhli, Dist.Buldhana Another

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

All orders in this case

Similar cases

Jitendra S/O Shivaji Salve Vs the State of Maharashtra Thr. Pso Ps Deulgaon Raja Dist.Buldhana and Another

Vrushabhh @ Vrushikesh @Jabba Umeshrao Wankhede vs the State of Maharashtra Thr. Its Secretary, Home Dept. (Spl) Mantralaya,Mumbai and Another

Ashok S/O Panjumal Chelani vs the State of Maharashtra Thr. Additional Chief Secretary Home Dep. (Spl). and 2 Others

Kishore Yadavrao Ruikar and Another Vs State of Mah. Thr. Pso Ps Dattapur Tq.Dhamangaon Railway Dist.Amravati and Another

Krushna S/O. Chandrakant Ghule and 3 Others Vs the State of Mah. Thr. Its Pso, Ps Malkapur City, Tah. Malkapur Dist. Buldhana and Another.

Dashrath Dharmaji Debur Vs Sepecial Police Inspector General Prison ( East Region), Nagpur and Another