IN THE HIGH COURT OF JUDICATURE AT BOMBAY
T.V. NALAWADE & K.K. SONAWANE, JJ.
Dilip Uttam Lomate - Appellant
Versus
The State of Maharashtra and ors. - Respondent
Criminal Application No. 3479 of 2018
Decided On : 06-06-2019
Indian Penal Code, 1860 – Section 354 – Code of Criminal Procedure, 1973 – Section 482 – Quashment of FIR – Applicant moved the present application under Section 482 of the Code of Criminal Procedure, 1973 for the relief to quash and set aside the First Information Report (FIR) bearing Crime registered under Section 354 of the Indian Penal Code with the Police Station, as well as the criminal proceeding initiated on the basis of aforesaid FIR bearing Regular Criminal Case pending before the learned Judicial Magistrate, First Class, Osmanabad. – Held, “where the proceedings is instituted with an ulterior motive or were the allegations made in the complaint are absurd and improbable, the Court would be within its power to quash the complaint/FIR”. – Moreover, if the allegations in the FIR against the applicants are taken at their face value and accepted the same in its entirety would not constitute any offence or make out case against applicants, in such circumstances, there would not be any propriety to allow the prosecution to proceed further into the matter. – It would be unjust and improper to allow the prosecution to proceed against applicant. – It would be an futile efforts and it would cause injustice and prejudice to applicant. – It would also dissipate the precious time of Court of law as the possibility of ultimate conviction is totally bleak. – The ends of justice would be served by ensuring that the applicant may not be forced unnecessarily to go on litigations before the Criminal Court. – Hence, penal proceeding initiated against the applicant deserves to be quashed and set aside – Criminal Application Allowed
K.K. SONAWANE, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for parties at admission stage.
2. The applicant moved the present application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for the relief to quash and set aside the First Information Report (FIR) bearing Crime No. 168 of 2018 registered under Section 354 of the Indian Penal Code (IPC) with the Bembali Police Station, District Osmanabad as well as the criminal proceeding initiated on the basis of aforesaid FIR bearing Regular Criminal Case No. 142 of 2019 (The State Versus Dilip) pending before the learned Judicial Magistrate, First Class, Osmanabad.
3. Precisely stated the facts of the case are that the applicant was employed as an Headmaster in the educational institution known as “Shri. Sant Dnyaneshwar Prathmik Ashram School”, at village Umregavhan, Taluka and District Osmanabad. The respondent No.2 Smt. Vaishali Umakantrao Patil was also attached to the said Ashram School as Assistant Teacher since year 2004. There were in all 229 students studying in the school from Ist standard to VIIth standard. It has been alleged that the medical bill of the respondent - Smt. Vaishali Patil and her leave allowances bill for the period 2015 and 2016 were pending before the school authority.
4. According to prosecution, on 26-09-2018, in the morning hours, the respondent No.2 Smt. Vaishali Patil was busy in the class room of Ist standard for teaching the students. Suddenly, at about 11.00 a.m. the applicant - Headmaster Shri. Lomate appeared in the class-room. He came near the respondent - Smt. Vaishali Patil and after touching her hands, disclosed that her pending bills will be made cleared. He requested the respondent not to make his complaint to the Trustees of the School. The respondent No.2 Assistant Teacher Smt. Vaishali Patil made endeavour keep distance from the applicant- Headmaster. But, he again touched her folded hands and by pressing it gave threats that his relatives are on higher posts and no one else caused harm to him. The respondent No.2 - complainant narrated the incident to associate teacher Shri. Jadhav and Auti from the school. Eventually, on 12-10-2018, the respondent No.2 filed the report to the police for penal action against the applicant - Head Master. Pursuant to report of respondent No.2 - Smt. Vaishali Patil, the police of Bembali Police Station, District Osmanabad, registered the Crime No. 168 of 2018, under Section 354 of IPC and set the penal law in motion against the present applicant.
5. Pending the investigation, applicant, invoking remedy under Section 482 of Cr.P.C., preferred the present application to exonerate from the charges pitted against him. During the course of hearing of the present application, it has been informed to this Court that after due investigation, the final report under Section 173 of Cr.P.C. i.e. chargesheet has been filed by the Investigating Officer vide RCC No. 147 of 2019 and it is pending for adjudication on merit before the learned Magistrate at Osmanabad.
6. The learned counsel for the applicant vehemently submitted that the entire allegations about the attempt of applicant to outrage the modesty of respondent No.2 - complainant, all are false, baseless and vexatious one. There was inordinate delay in lodging the FIR. According to learned counsel for the applicant, the respondent No.2 was negligent while discharging her duties in the school. She has an habit of insubordination. She always remained absent in the school without prior intimation and without any application for leave. She ventured to put her signature on the muster roll subsequently without permission of the higher authority. There was an occasion to issue memo to the complainant for her negligent conduct and demeanor in the school. The Divisional Deputy Commissioner, Social Welfare Department was appraised about frequent absence of complainant on duties without prior inti
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