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2018 Supreme(SC) 1565
SUPREME COURT OF INDIA
Ranjan Gogoi, Navin Sinha, K.M. Joseph, JJ.
Jayendra Vijay Ayare - Appellant
Versus
Priyanka Ankush Chavan @ Ruchitra - Respondent
Criminal Appeal Nos. 1148 of 2018 [Arising Out of Special Leave Petition (Criminal) No.5375 of 2017]
Decided On : 10-09-2018
Mahesh Vaswani, Chandra Bhushan Prasad, Advocates., for the Appellants
Prosecution under Sections 420, 354, 509, 34 IPC not maintainable in the context of a relationship of love.
Headnote:
Quash - Criminal Proceedings - Relationship of Love - Allegations under Sections 420, 354, 509, 34 IPC
Fact of the Case:
The accused appellants filed an appeal against the High Court's refusal to quash criminal proceedings under Sections 420, 354, 509, 34 IPC, arising from a relationship of love between one of the accused and the complainant.
Finding of the Court:
The court found that the prosecution under the mentioned sections was not maintainable due to the nature of the relationship between the accused and the complainant, and therefore set aside the High Court's order and quashed the criminal proceedings.
Issues: Refusal to Quash Criminal Proceedings under Sections 420, 354, 509, 34 IPC
Ratio Decidendi: The basis of the allegations and charges arising from a relationship of love led the court to conclude that the prosecution under the mentioned sections was not maintainable.
Final Decision: The court allowed the appeal and quashed the impugned criminal proceedings against the accused appellants.
ORDER
1. Leave granted.
2. Aggrieved by the order of the High Court refusing to quash the criminal proceedings against the accused appellants under Sections 420, 354, 509 and 34 IPC the present appeal has been filed.
3. We have heard the learned counsels for the parties. None has appeared on behalf of the respondents in spite of due service of notice.
4. We have considered the basis on which the allegations of commission of offences under Sections 420, 354, 509 and 34 IPC have been leveled against the accused appellants. We have also taken into account the materials on record which would go to show that the allegations and charges made arise out of a relationship of love that one of the accused appellants, namely, Jayendra Vijay Ayare (appellant No.1) and the complainant were involved for a period of nearly five years.
5. Having regard to the basis on which the allegations have been leveled we are of the view that the prosecution under Sections 420, 354, 509 and 34 IPC on the very face of it is not maintainable and the High Court was clearly in error in refusing to quash the impugned criminal proceedings against the accused appellants. We, therefore, set aside the order of the High Court and quash the impugned criminal proceedings against the accused appellants registered and numbered as First Information Report dated 18 th April, 2016 vide C.R. No. 192/2016 under Sections 420, 354, 509, 34 of IPC at Vakola Police Station, Mumbai.
6. The appeal is allowed in the above terms.
