Motilal Sawadhoo Prasad

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No.2238 OF 2014 Omprakash Bajrangi Tiwari ...Petitioner Vs. The State of Maharashtra and Anr. ...Respondents ********** Mr.M.S. Prasad for Petitioner Mrs. P.H. Kantharia -APP for the State ********** CORAM : V. M. KANADE , & P.D. KODE, JJ. DATE : JULY 23, 2014 P.C. : Heard the learned counsel appearing on behalf of the Petitioner and the learned APP for the State. This petition is filed for quashing of FIR registered by Respondent No.2 for the offence punishable under sections 376 and 420 of the Indian Penal Code, which has been registered with the Kurla Police Station vide C.R. No. 23 of 2014. It is submitted that both the Petitioner and Respondent No.2 were adults when the complaint was filed and in the complaint it is alleged that since the Petitioner had given false assurance and promise of marriage, Respondent No.2 had given her consent to have sexual intercourse with him. It is submitted that now the Petitioner and Respondent No.2 have married. Our attention is invited to the marriage certificate which is annexed to the petition. It is submitted that, therefore, now the provisions of section 420 and 376 are not attracted. Secondly, it is submitted that Respondent No.2 has filed an affidavit and has stated that the said vat (WP 2238 of 2014) complaint was filed by her on account of misunderstanding that the Petitioner was not willing to marry her. In the affidavit, she has also stated that this was the mistaken belief since the Petitioner has now married with Respondent No.2 and, therefore, the allegation made by her was on account of misunderstanding. Taking into consideration the aforesaid facts, we are of the view that the offences punishable under section 420 and 376 are not attracted to the facts of the present case. The ratio of the judgment of the Apex Court in the case of Narinder Singh & others v. State of Punjab and another [2014 AIR SCW 2065] would squarely apply to the facts of the present case. We have interviewed Respondent No.2. She has stated that they are living happy married life and they are staying separately in a rental premises. We are of the view that the quashing of the FIR and charge-sheet is in the interest of both the Complainant as well as her husband. Hence, the writ petition is allowed in terms of prayer clause (a). The FIR which is registered by the Kurla Police Station vide C.R. No.23 of 2014 for the offence punishable under section 376 and 420 of the Indian Penal Code, which has resulted in filing of the charge-sheet / Sessions Case pending in the Sessions Court, Mumbai are quashed. Writ Petition is disposed of in the aforesaid terms. [P.D. KODE,J.] [ V. M. KANADE, J.] Vaishali Tikam