Allowed

Devendra S/O Tulshiram Sapate v. the State of Maharashtra Thr. Pso Ps Bramhapuri Tq.Bramhapuri Dist.Chandrapur and Another

Bombay HC24 Apr 2024APL/668/2024

Case brief

AI extract

What is this about?

Applicant sought quashing of an IPC prosecution arising from a love-relationship dispute after the parties settled all pending criminal cases by compromise. The informant gave no objection before the Court. Invoking inherent powers, the Court quashed the trial for offences under Sections 452, 294, 504, 506 IPC subject to payment of costs.

What the court decided

AI extract

Devendra S/O Tulshiram Sapate Vs the State of Maharashtra… — Caste Atrocities | Bombay HC (2024)

¶1

2024:BHC-NAG:4896-DB

Judgment

912 apl 668.24

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

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CRIMINAL APPLICATION (APL) NO. 668/2024

¶7

Devendra s/o Tulshiram Sapate,
aged 45 yrs., Occ. Service,
R/o. Sharda Colony, Khel Road,
Bramhapuri, Tq. Bramhapuri,
Dist. Chandrapur.

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... APPLICANT

¶9

VERSUS
1.The State of Maharashtra,
through Police Station Officer,
P.S. Bramhapuri, Tq. Bramhapuri,
Dist. Chandrapur.

¶10

2.Ku. Smita Govindrao Jivtode,
Aged about 32 yrs., Occ Service,
R/o. Waghmare Layout, Parsodi,
Umred Tah. Umred, Dist. Nagpur.

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...NON-APPLICANTS

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Mr. D.V. Mahajan, Advocate Applicant.
Mr. S. Bissa, APP for non-applicant No.1.
Mr. Shankar Borkute, Advocate for non-applicant No.2.

¶13

----------------------------------
 CORAM: VINAY JOSHI AND
 MRS. VRUSHALI V. JOSHI, JJ.
 DATE: 24.04.2024.

¶14

ORAL JUDGMENT (PER VINAY JOSHI, J.) :

Judgment

912 apl 668.24

Heard.

¶19

2. Admit .

¶20

3.This is an application seeking to quash RCC No.100/2019
(Charge-sheet No.56/2019) pending on the file of the learned
Judicial Magistrate First Class, Bhramhapuri arising out of crime No.
282/2019 registered with Police Station Bhramhapuri, Taluka
Brmhapuri, District Chandrapur for the offence punishable under
Sections 452, 294, 504, 506 of the Indian Penal Code on account of
mutual settlement.

¶21

4.Initially, the same applicant has applied to this Court vide
Criminal Application (APL) No. 817/2019 seeking to quash charge-
sheet. This Court has considered the matter on merits and vide order
dated 20.11.2019 has partially quashed the charge-sheet as regards
to the offence punishable under Sections 354-A(1) of the Indian
Penal Code, Section 3(1)(w)(i)(ii), 3(2)(va) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989. In the
result, the prosecution remained to the extent of Sections 452, 294,
504, 506 of the Indian Penal Code. The Trial Court has framed
charges and two witnesses were examined as stated by the learned

Judgment

912 apl 668.24

counsel appearing for applicant. At this juncture, the parties have
settled the dispute out of the Court rather there were total three
criminal cases are pending between the parties which they have
settled by entering into compromise.

¶26

5.It is informant’s case that the applicant has one sided love
with her. When the marriage of informant was fixed elsewhere, the
applicant threatened her as well as outraged her modesty. The
informant belongs to the scheduled tribe category. Considering the
career and future, both the parties have settled the dispute with the
aid and intervention of friends and relatives. The informant has
memorandum of understanding and also filed separate affidavit
stating about settlement and her no objection to quash the
proceedings. The informant is present before us who has been
identified by her Advocate Mr. Borkute. The informant gave her no
objection before us to quash the proceeding.

¶27

6.Several criminal cases were pending between the parties
which were amicably settled. It was a private affair arose out of love
relationship. The offence cannot be termed as heinous or anti-social,
therefore we deem it appropriate to invoke our inherent powers.

Judgment

912 apl 668.24

Since, the trial has already been progressed, the applicant expressed
his willingness to deposit sum of Rs. 10,000/- towards cost.

¶32

7.In view of above, application is allowed. We hereby
quash and set aside criminal prosecution namely RCC No.100/2019
(Charge-sheet No.56/2019) pending on the file of the learned
Judicial Magistrate First Class, Bhramhapuri arising out of crime No.
282/2019 registered with Police Station Bhramhapuri, Taluka
Brmhapuri, District Chandrapur for the offence punishable under
Sections 452, 294, 504, 506 of the Indian Penal Code on account of
mutual settlement.

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8. Application stands disposed of in above terms.

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9. The applicant shall deposit Rs. 10,000/- towards cost to

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the High Court Bar Association, Nagpur within two weeks from
today.

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10. Stand over to 08.05.2024 for noting compliance.

¶37

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

¶38

Gohane

Devendra S/O Tulshiram Sapate v. the State of Maharashtra Thr. Pso Ps Bramhapuri Tq.Bramhapuri Dist.Chandrapur and Another

Case brief

What is this about?

What the court decided

Devendra S/O Tulshiram Sapate v. the State of Maharashtra Thr. Pso Ps Bramhapuri Tq.Bramhapuri Dist.Chandrapur and Another

Case brief

What is this about?

What the court decided

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Coram

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