Bombay High Court
Vinod S/O Dadarao Deshmukh And 2 Others vs The State Of Maharashtra, Through Its ... on 18 December, 2020
Author: Z. A. Haq
Bench: Z. A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 407 OF 2014
1. Vinod S/o. Dadarao Deshmukh,
Aged about 53 years, Occ. Medical
Practitioner.
2. Mrs. Hema W/o. Vinod Deshmukh,
Aged about 43 years, Occ. Household,
3. Ku. Amruta D/o. Vinod Deshmukh,
Aged about 21 years, Occ. Student,
all R/o. of Talegaon Dashasar,
Tah. Dhamgaon Railway, Dist. Amravati. . . . APPLICANTS
...V E R S U S..
1. The State of Maharashtra through
its Police Station Officer,
Gandgenagar Police Station,
Tah. & Dist. Amravati.
2. Ku. Priyanka D/o. Ramesh Dhande,
Aged about 22 years, Occ. Student,
R/o. Chaprasipura, Behind Police Chowki,
Amravati. . . NON-APPLICANTS
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Shri Anil Mardikar, Senior Advocate a/w. Shri Sumit G. Joshi,
Advocate for applicants.
Ms. Mayuri Deshmukh, A.P.P. for non-applicant no. 1/State.
Shri A. P. Khadatkar, Advocate h/f. Smt. S. W. Deshpande, Advocate
for non-applicant no. 2.
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CORAM :- Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED :- 18.12.2020
ORAL JUDGMENT (PER : Z. A. HAQ, J.) :-
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2 cr-apl-407-14j.odt 1. Heard.
2. By this application under Section 482 of the Code of Criminal Procedure, the applicants have prayed that the First Information Report bearing Crime No. 3091/2014 registered with the non-applicant no. 1- Police Station for the offences punishable under Section 417 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 be quashed. The First Information Report is registered at the behest of the non-applicant no. 2.
3. According to the non-applicant no. 2, Ajinkya (son of the applicant nos. 1 and 2 and brother of the applicant no. 3) had developed friendly relation with the non-applicant no. 2 and in due course, intimacy developed and Ajinkya, promising the non-applicant no. 2 to marry her, exploited her sexually. According to the non- applicant no. 2, Ajinkya had applied vermilion on her forehead at Mumbai in presence of some of the friends of Ajinkya and later on Ajinkya had introduced the non-applicant no. 2 to the applicant no. 3 (sister of Ajinkya). According to the non-applicant no. 2, she was required to undergo abortion and at that time the applicant nos. 1 and 2 (parents of Ajinkya) had assured the non-applicant no. 2 that her marriage will be solemnized with Ajinkya.
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4. On registration of the F.I.R., the applicants approached this Court immediately and by the order dated 03.07.2014, while issuing notice of this Criminal Application to the non-applicants, this Court had directed that any coercive action should not be taken against the applicants. Then, by order dated 09.10.2014, Rule came to be issued and the interim protection granted earlier came to be continued. It is informed that investigation against Ajinkya in the matter is complete and charge-sheet is filed against him. Learned Senior Advocate for the applicants submitted that the statement of Dr. Pragya Somesh Choudhary, annexed to charge-sheet filed against Ajinkya, shows that she had conducted the abortion procedure on the non-applicant no. 2 and the statement of the Doctor belies the contention of the non-
applicant no. 2.
5. With the assistance of learned Senior Advocate for the applicants, learned A.P.P. and learned Advocate for the non-applicant no.2, we have gone through the report lodged by the non-applicant no. 2 and the statement of Dr. Pragya Somesh Choudhary produced at the time of hearing. We find substance in the submission made by learned Senior Advocate on behalf of the applicants. It is clear that even if the contents of the report lodged by the non-applicant no. 2 are taken to be true, the averments do not make out any offence as alleged against the applicants. The non-applicants have not pointed out that right from ::: Uploaded on - 08/01/2021 ::: Downloaded on - 10/02/2021 09:45:58 ::: 4 cr-apl-407-14j.odt the inception, the applicants were involved. Hence, in our view, continuance of criminal proceedings against the applicants would be an abuse of process of Court.
6. Hence, the following order :-
Crime No. 3091/2014 registered with the non-applicant no. 1- Police Station against the applicant no. 1 - Vinod S/o. Dadarao Deshmukh, applicant no. 2- Mrs. Hema W/o. Vinod Deshmukh and applicant no. 3- Ku. Amruta D/o. Vinod Deshmukh, is quashed.
Rule is made absolute accordingly.
JUDGE JUDGE
RR Jaiswal
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