Advocates:
['SHARMA GOVIND M', 'COPY SERVED ON PP', '', 'ADV MRS MADHAVESHWARI THUBE']

CRI.APPLN-1505-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 1505 OF 2020

Archana Vijaykumar Baheti

Age: 48 years, Occu: Household,

R/o: Prasanadata Park Deolai,

Beed by-pass, Aurangabad.

… Applicant

(Original Accused)

Versus

1.

The State of Maharashtra

Through Vedant Nagar Police Station,

District : Aurangabad.

2.

Veenita D/o Ramnivas Bhandari,

Age: 27 years, Occu. Service,

R/o: Flat No.201, Sai Apartment,

Station Road, Bansilal Nagar, Aurangabad.

… Respondents

…..

Mr. Govind M. Sharma & Mr. C. C. Deshpande, Advocate for the Applicant.

Mr. A. M. Phule, APP for Respondent No.1.

Ms. Madhaveshwari Thube, Advocate for Respondent No.2.

…..

CORAM : SMT. VIBHA KANKANWADI AND

ABHAY S. WAGHWASE, JJ.

DATED :

21.11.2022

JUDGMENT (PER ABHAY S. WAGHWASE, J.) :

1.

By invoking inherent jurisdiction of this Court under Section 482 of the

Code of Criminal Procedure (for short, ‘Cr.P.C.’), applicant herein has prayed

for quashing and setting aside crime bearing no. 17/2020 registered at Vedant

Nagar Police Station as well as charge-sheet arising out of such crime for

offence under Section 509 of the Indian Penal Code (for short, ‘IPC’

) and

Section 67-A of the Information Technology Act, 2000.

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2.

According to informant (respondent no.2), her father Ramnivas

Bhandari had developed contacts with present applicant and he is living with

her in spite of objection of herself and her mother. Further, according to her,

present applicant is also indulging in registering various cases and complaints

against informant with mere intention to harass her. According to informant,

on 06.10.2019, present applicant forwarded a photograph from her mobile

baring no. 9158069999 which depicted informant’s father planting kiss on the

cheek of present applicant. Similar photo was forwarded again on 11.01.2020.

Because of such transmission of photographs, it is the case of informant that

her modesty was outraged and therefore she approached police station

alleging her to be victim of crime under Section 509 of IPC and Section 67-A

of the Information Technology Act, 2000.

3.

It is the above complaint which is questioned by the present applicant

by invoking Section 482 of Cr.PC. praying to quash the same along with

consequential charge-sheet.

4.

Before adverting to the entitlement of relief, as provisions under Section

482 of Cr.P.C. are invoked, the law as to when such inherent posers can be

exercised is required to be dealt with.

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In the landmark case of State of Haryana and Ors. Vs. Ch. Bhajan Lal ;

1992 Supp (1) SCC 335 : 1992 SCC (Cri.) 426, this Court laid down the

principles for the exercise of the jurisdiction by the High Court in exercise of

its powers under Section 482 of the Cr.P.C. to quash an FIR. Justice Ratnavel

Pandian, J. laid down the limits on the exercise of the power under Section

482 Cr.P.C. for quashing the FIR and observed : (SCC pp. 378-79, para 102)

“102. In the backdrop of the interpretation of the various relevant

provisions of the Code under Chapter XIV and of the principles of law

enunciated by this Court in a series of decisions relating to the exercise

of the extraordinary power under Article 226 or the inherent powers

under Section 482 of the CrPC which we have extracted and

reproduced above, we give the following categories of cases by way of

illustration wherein such power could be exercised either to prevent

abuse of the process of any court or otherwise to secure the ends of

justice, though it may not be possible to lay down any precise, clearly

defined and sufficiently channelised and inflexible guidelines or rigid

formulae and to give an exhaustive list of myriad kinds of cases

wherein such power should be exercised.

(1) Where the allegations made in the first information

report or the complaint, even if they are taken at their face

value and accepted in their entirety do not prima facie