Bombay High Court
Kisor S/O Vishwanath Bure vs The State Of Maharashtra Thr. Pso, … on 16 June, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor
2025:BHC-NAG:5517
Judgment 1 APL1113-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1113 OF 2024
Kishor S/o. Vishwanath Bure,
Aged about 57 years, Occ. : Government Servant,
R/o. Plot No.147, Shilpa Society, Narendra Nagar,
Nagpur.
.... APPLICANT.
// VERSUS //
1. State of Maharashtra,
through Police Station Officer,
Ganeshpeth, District : Nagpur.
2. XYZ
Crime No.300/2024,
Through Police Station Officer,
Ganeshpeth, Dist. Nagpur.
.... RESPONDENTS.
___________________________________________________________________
Shri Sangram V. Sirpurkar, Advocate for Applicant.
Shri K.R.Lule, A.P.P. for Respondent No.1/State.
Shri R.V.Tambe, Advocate for Respondent No.2.
___________________________________________________________________
CORAM : ANIL S. KILOR AND
VRUSHALI V. JOSHI, JJ.
DATED : JUNE 16, 2025.
ORAL JUDGMENT : (Per : Anil S. Kilor, J.)
1. Heard.
2. RULE. Rule made returnable forthwith. Heard by consent of
the learned counsel for the parties.
Judgment 2 APL1113-2024.odt
3. By way of present application under Section 528 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) a prayer is made for
quashing and setting aside the First Information Report vide Crime No.300 of
2024, dated 03/07/2023, registered with Police Station Ganeshpeth, Nagpur
for the offence punishable under Section 376(1) of the Indian Penal Code.
4. The respondent No.2/complainant is 49 years of age and having
gone through the contents of the First Information Report it is evident that it is
a matter of consensual relations and when such long term relationships turned
sour, resulted in dragging the applicant at a belated stage in the juggernaut of
stringent criminal process.
5. The respondent No.2 has filed an affidavit stating therein that
there was love relation with the applicant and she does not want to prosecute
the applicant.
6. The Hon’ble Supreme Court of India in the case of Mahesh
Damu Khare ..vs.. State of Maharashtra, reported in 2024 SCC OnLine SC
3471 underscores the delicate balance between upholding the sanctity of
consensual relationships and preventing the misuse of criminal laws to penalize
individuals unjustly. The Hon’ble Supreme Court has observed thus :
Judgment 3 APL1113-2024.odt \
“31. In our view if criminality is to be attached to such
prolonged physical relationship at a very belated stage, it can
lead to serious consequences. It will open the scope for
imputing criminality to such long term relationships after
turning sour, as such an allegation can be made even at a
belated stage to drag a person in the juggernaut of stringent
criminal process. There is always a danger of attributing
criminal intent to an otherwise disturbed civil relationship of
which the Court must also be mindful.”
7. The complainant stated on oath that she does not want to
prosecute the complaint filed against the applicant, no purpose will be served
by keeping the criminal case pending against the applicant. Due to the
amicable settlement, there will not be conviction to the applicant. Hence, in
view of the judgment of the Apex Court in the case of Gian Singh Vs. State of
Punjab, reported in (2012)10 SCC 303, following order will sub-serve the ends
of justice.
8. Thus, considering the law laid down by the Hon’ble Supreme
Court, the statement made by the respondent No.2 on affidavit and further on
merit having found that it is the case of consensual relationship, we proceed to
pass the following order :
i) The Criminal Application is allowed.
Judgment 4 APL1113-2024.odt
ii) The First Information Report vide Crime No.300/2024 dated
03/07/2023, registered with Police Station Ganeshpeth, Nagpur
for the offence punishable under Section 376(1) of the Indian
Penal Code is hereby quashed and set aside.
Rule is made absolute accordingly.
(VRUSHALI V. JOSHI, J) (ANIL S. KILOR, J)
RRaut..
Signed by: Raut (RR)
Designation: PS To Honourable Judge
Date: 16/06/2025 19:21:45