1 Application 7040 of 2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Criminal Application No.7040 of 2017
1) Ramdas Shaharam Akolkar,
Age 59 years,
Occupation : Retired.
R/o Plot No.14, Shivnagar,
Pipeline Road, Ahmednagar,
Taluka District Ahmednagar.
2) Sayanabai Ramdas Akolkar,
Age 55 years,
Occupation : Housewife.
R/o Plot No.14, Shivnagar,
Pipeline Road, Ahmednagar,
Taluka District Ahmednagar.
3) Nitin Ramdas Akolkar,
Age 32 years,
Occupation: Auto Driver
R/o Gangotri Residency,
Tapowan Road, Ahmednagar,
Taluka District Ahmednagar.
4) Swati Nitin Akolkar,
Age 28 years,
Occupation: Household,
R/o Gangotri Residency,
Tapowan Road, Ahmednagar,
Taluka District Ahmednagar.
5) Sadhana Ganesh Akolkar,
Age 30 years,
Occupation: Household,
R/o Gangotri Residency,
Tapowan Road, Ahmednagar,
Taluka District Ahmednagar. .. Applicants.
Versus
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2 Application 7040 of 2017
1) The State of Maharashtra,
Through Investigating Officer,
Tofkhana Police Station,
Ahmednagar,
District Ahmednagar.
2) Harshada d/o Rajendra Barse,
Age 21 years,
Occupation: Education,
R/o Plot No.146,
Tapowan Road,
Suryanagar, Savedi,
Ahmednagar,
Taluka Dist. Ahmednagar. .. Respondents.
—-
Shri. N.B. Narwade, Advocate, for applicants.
Shri. R.V. Dasalkar, Additional Public Prosecutor, for
respondent No.1.
Shri. R.S. Deshmukh, Advocate, for respondent No.2.
—-
Coram: T.V. NALAWADE
K.L. WADANE, JJ.
Date: 5 JUNE 2018
JUDGMENT (Per T.V. Nalawade, J.):
1) Rule, rule made returnable forthwith. Heard
both sides by consent for final disposal. Hearing was
given to the learned counsel for the first informant also.
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3 Application 7040 of 2017
2) Present proceeding is filed under section 482 of
Criminal Procedure Code for relief of quashing of First
Information Report of CR No.I-225/2017 registered in
Tofkhana Police Station, Ahmednagar for offences
punishable under sections 376, 313, 504, 506 read with
34 of Indian Penal Code and section 3(1)(xii), 3(2)(vi) of
the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989. Offence punishable
under section 417 IPC was also added and by making
amendment of the main proceeding, new relief is prayed
for quashing of the charge sheet filed against the present
applicants.
3) The First Information Report is given by a lady,
aged 21 years (hereinafter referred to as “prosecutrix”)
and she belongs to Scheduled Caste. She has made
allegations mainly against Ganesh Akolkar. Applicant
Nos.1 and 2 are father and mother of Ganesh. Applicant
No.5 is wife of Ganesh. Applicant No.3 is brother of
Ganesh and applicant No.4 is wife of applicant No.3.
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4 Application 7040 of 2017
4) It is the case of the prosecutrix that she got
acquainted with Ganesh due to her girl friend and then
there was love affairs between her and Ganesh. It is her
case that Ganesh arranged for a room on rent basis for
her at a place from Savedi, Ahmednagar and there she
started living. She was working to earn livelihood. It is
her case that on 26-12-2016 in the evening time Ganesh
came to her room. He stayed there and by saying that he
was not married he took sexual intercourse with her when
she was not consenting to it. It is her case that
subsequently also Ganesh took sexual intercourse with
her many times and then she became pregnant. It is her
case that on 7-4-2017 by bringing a kit of “Preganews”
Ganesh confirmed that she was pregnant. Then he took
her to one hospital where first sonography was done and
then steps were taken to abort the child. It is her case that
abortion took place on 18-4-2017 in Sukhada Hospital,
Savedi Ahmednagar when she was not consenting to the
abortion. It is her case that after this abortion Ganesh
started avoiding her. It is her case that Ganesh disclosed
that he was already married and he has two issues from
his wife.
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5 Application 7040 of 2017
5) It is the case of the prosecutrix that on 5-6-
2017 at 3.49 p.m. Ganesh called her and asked her to
come to his house. It is her case that when she went to the
residential place of Ganesh situated at Gangotri
Residency, Ahmednagar, in the house all the present
applicants were present. It is her case that wife of Ganesh
gave abuses to her in filthy language and others assaulted
her. It is her case that due to this incident when she went
to Tofkhana police station to give report, the applicants
and others pressurized her and promised her to settle the
dispute and due to that she did not give the report in
respect of the incident dated 5-6-2017. It is the case of the
prosecutrix that on 7-6-2017 one Traffic Police called her
to Kohinoor Mangal Karyalaya and there she was
pressurized and there promise was given by father of
Ganesh to give her money for settling the dispute. It is her
case that on 9-6-2017 she was taken to a Notary-Public
and there her signature and thumb impression were
obtained on a document without informing the contents of
the document to her. She gave report on 4-7-2017.
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6 Application 7040 of 20176) Learned counsel for the applicants submitted
that all the allegations with regard to offence punishable
under section 376 IPC, the offence of deceiving her and
the offence of illegal abortion are against Ganesh and
there are no such allegations against the present
applicants. He submitted that even if the allegations are
considered as they are, they show that the applicants
came in picture only after the abortion. Learned counsel
submitted that the allegations in respect of the incident
dated 5-6-2017 were of non cognizable offence and the
first informant had given statement before police on 9-6-
2017 that she had no grievance against present applicants
and so it was not desirable to file charge sheet by police
against the present applicants on the basis of the same
incident for any offences. Learned counsel submitted that
only to pressurize the applicants, for compelling them to
come to some settlement they are implicated in the
present matter. On the other hand, learned counsel for the
first informant submitted that the allegations show that at
least father of Ganesh had offered money for settling the
dispute and so offence punishable under section 214, IPC,
is committed.
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7 Application 7040 of 20177) Copy of the statement given to police on 9-6-
2017 shows that the first informant had approached police
to give complaint in respect of incident dated 5-6-2017
and there was allegation of giving abuses and assault by
fist and kicks. There was no record of medical
examination. The alleged incident, in which promise of
giving money was made, allegedly took place on 7-6-2017
and after that statement was given to police by the first
informant i.e. on 9-6-2017. Admittedly, she made affidavit
before Notary-Public also about the settlement. Copy of
the said document dated 9-6-2017 is on record. Statement
of the prosecutrix was recorded by Judicial Magistrate
under section 164 of the Cr.P.C. on 15-7-2017 and copy of
it shows that allegations of only abuses and assault were
made in respect of the incident dated 5-6-2017 and
allegations were that by deceiving her but, her signature
was obtained on notarized document on 9-6-2017. There
was no allegation to constitute offence punishable under
section 214 IPC. Though it can be said that it is a matter
of appreciation, the fact remains that the main allegations
are against Ganesh, who is close relative of the applicants.
The record is sufficient to infer that giving of the F.I.R.
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8 Application 7040 of 2017
against the present applicants is a pressure tactics and
allowing the prosecution to go on as against them will be
misuse of process of law. This Court holds that the relief
claimed needs to be granted to the present applicants.
8) In the result, the application is allowed in terms
of prayer clause B-1 to the extent of present applicants.
Rule made absolute in those terms.
Sd/- Sd/-
(K.L. WADANE, J.) (T.V. NALAWADE, J.)rsl
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