Full Judgment Text
2026:BHC-NAG:5036-DB
26.apl.950.2023.Judgment.odt
( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.950 OF 2023
1. Gopal Balvant Petkar,
Aged about 47 Years,
Occupation : Business,
2. Sau. Bhavana Gopal Petkar,
Aged about 37 Years,
Occupation : Household,
3. Anant @ Anand Balvant Petkar,
Aged about 49 Years,
Occupation : Cultivator,
4. Santosh Balvant Petkar,
Aged about 40 Years,
Occupation : Cultivator,
All Applicants are R/o. Lohi,
Tahsil : Darwha, District Yavatmal. .... APPLICANTS
// VERSUS //
1. State of Maharashtra,
Through Police Station Officer,
Police Station, Darwha,
District Yavatmal.
2. X. Y. Z.,
Crime No.0149/2023,
through Police Station Officer,
Police Station, Darwha,
District Yavatmal. ....NON-APPLICANTS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Mr. J. R. Kidilay, Advocate for applicants.
Ms. M. A. Barabde, APP for non-applicant No.1/State.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 10/03/2026
ORAL JUDGMENT :
1. Heard.
26.apl.950.2023.Judgment.odt
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2. Admit .
3. Heard finally with the consent of the learned Counsel
for the applicants and learned APP for the State.
4. Present application is preferred by the applicants for
quashing of the FIR in connection with Crime No.149/2023
registered with Police Station Darwha, District Yavatmal for the
offence punishable under Sections 376(2)(n), 324, 417, 504 read
with Section 34 of the Indian Penal Code and under Sections
3(1)(r), 3(1)(w)(i)(ii) and 3(2)(va), 3(2)(v) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989, and the consequent proceeding arising out of the same
bearing charge sheet No.88/2023.
5. Heard learned counsel for the applicants, who
submitted that the crime is registered on the basis of a report
lodged by the non-applicant No.2 on an allegation that on
11.02.2023, when she was at home, she received a phone call of
applicant No.1, who has abused her through phone call and there
was exchange of words between them during that telephonic call
itself. She further alleged that after some time, when she had
been to the village and was proceeding from the house of the
applicants, at that time with the applicant No.1 she inquired why
she was abused by him. At that time, he has assaulted her by
means of slaps and fists as well as by means of rod, due to which
26.apl.950.2023.Judgment.odt
( 3 )
she sustained the injuries. She further alleged that other
applicants have also assaulted her by means of rod. On the
basis of the said report, police have registered the crime against
the present applicants.
6. After registration of the crime, the Investigating
Officer has referred her for medical examination and also
recorded the relevant statements of the witnesses. During the
investigation, she further alleged that the applicant No.1 has also
subjected her for the forceful sexual assault. After completion of
the investigation, the charge sheet was submitted against the
present applicants.
7. Learned counsel for the applicants not pressed the
application for the applicant No.1. As far as the applicant Nos.2
to 4 are concerned, he submitted that merely because they are
the relatives of the applicant No.1, they are implicated on the
basis of general, omnibus and vague allegations. He submitted
that even accepting the allegation as it is of the non-applicant
No.2 that they have also assaulted her, it is a general and
omnibus allegation, without specifying any specific role. He also
invited my attention towards the injury certificate and submitted
that if the statement of the victim is to be taken into
consideration, she has received only one injury, therefore, the
allegation levelled against the applicant Nos.2 to 4 appears to be
26.apl.950.2023.Judgment.odt
( 4 )
false, baseless and only because they are the relatives of the
applicant No.1. In view of that, no prima facie case is made out
against them and therefore, the application deserves to be
allowed.
8. Per contra, learned APP strongly opposed the said
contention and submitted that considering that all the applicants
have assaulted the informant. The applicant No.1 also subjected
her for the forceful sexual assault. The allegation is
substantiated by the medical certificate, hence prima facie case
is made out and therefore, the application deserves to be
rejected.
9. On hearing both sides and on perusal of the
investigation papers, it reveals that the allegation levelled
against the applicant Nos.2 to 4 is baseless. It is not
substantiated by any medical certificate or by any statement of
the witnesses. It is apparent that they are implicated merely
because they are the relatives of the applicant No.1. There is no
allegation against them that they have either abused her on her
caste also. Thus, no prima facie case is made out against the
present applicants. In view of that, the application deserves to
be allowed. Accordingly, I proceed to pass following order:
ORDER
(i) The application is partly allowed .
26.apl.950.2023.Judgment.odt
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(ii) The prayer of the applicant No.1 is not
pressed.
(iii) The FIR in connection with Crime
No.149/2023 registered with Police Station Darwha,
District Yavatmal for the offence punishable under
Sections 376(2)(n), 324, 417, 504 read with Section
34 of the Indian Penal Code and under Sections 3(1)
(r), 3(1)(w)(i)(ii) and 3(2)(va), 3(2)(v) of the
Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989, and the
consequent proceeding arising out of the same
bearing charge sheet No.88/2023, are quashed and
set aside to the extent of the applicant Nos.2 to 4.
The application is disposed of.
(URMILA JOSHI-PHALKE, J)
Sarkate.
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 30/03/2026 19:55:51
26.apl.950.2023.Judgment.odt
( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.950 OF 2023
1. Gopal Balvant Petkar,
Aged about 47 Years,
Occupation : Business,
2. Sau. Bhavana Gopal Petkar,
Aged about 37 Years,
Occupation : Household,
3. Anant @ Anand Balvant Petkar,
Aged about 49 Years,
Occupation : Cultivator,
4. Santosh Balvant Petkar,
Aged about 40 Years,
Occupation : Cultivator,
All Applicants are R/o. Lohi,
Tahsil : Darwha, District Yavatmal. .... APPLICANTS
// VERSUS //
1. State of Maharashtra,
Through Police Station Officer,
Police Station, Darwha,
District Yavatmal.
2. X. Y. Z.,
Crime No.0149/2023,
through Police Station Officer,
Police Station, Darwha,
District Yavatmal. ....NON-APPLICANTS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Mr. J. R. Kidilay, Advocate for applicants.
Ms. M. A. Barabde, APP for non-applicant No.1/State.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 10/03/2026
ORAL JUDGMENT :
1. Heard.
26.apl.950.2023.Judgment.odt
( 2 )
2. Admit .
3. Heard finally with the consent of the learned Counsel
for the applicants and learned APP for the State.
4. Present application is preferred by the applicants for
quashing of the FIR in connection with Crime No.149/2023
registered with Police Station Darwha, District Yavatmal for the
offence punishable under Sections 376(2)(n), 324, 417, 504 read
with Section 34 of the Indian Penal Code and under Sections
3(1)(r), 3(1)(w)(i)(ii) and 3(2)(va), 3(2)(v) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989, and the consequent proceeding arising out of the same
bearing charge sheet No.88/2023.
5. Heard learned counsel for the applicants, who
submitted that the crime is registered on the basis of a report
lodged by the non-applicant No.2 on an allegation that on
11.02.2023, when she was at home, she received a phone call of
applicant No.1, who has abused her through phone call and there
was exchange of words between them during that telephonic call
itself. She further alleged that after some time, when she had
been to the village and was proceeding from the house of the
applicants, at that time with the applicant No.1 she inquired why
she was abused by him. At that time, he has assaulted her by
means of slaps and fists as well as by means of rod, due to which
26.apl.950.2023.Judgment.odt
( 3 )
she sustained the injuries. She further alleged that other
applicants have also assaulted her by means of rod. On the
basis of the said report, police have registered the crime against
the present applicants.
6. After registration of the crime, the Investigating
Officer has referred her for medical examination and also
recorded the relevant statements of the witnesses. During the
investigation, she further alleged that the applicant No.1 has also
subjected her for the forceful sexual assault. After completion of
the investigation, the charge sheet was submitted against the
present applicants.
7. Learned counsel for the applicants not pressed the
application for the applicant No.1. As far as the applicant Nos.2
to 4 are concerned, he submitted that merely because they are
the relatives of the applicant No.1, they are implicated on the
basis of general, omnibus and vague allegations. He submitted
that even accepting the allegation as it is of the non-applicant
No.2 that they have also assaulted her, it is a general and
omnibus allegation, without specifying any specific role. He also
invited my attention towards the injury certificate and submitted
that if the statement of the victim is to be taken into
consideration, she has received only one injury, therefore, the
allegation levelled against the applicant Nos.2 to 4 appears to be
26.apl.950.2023.Judgment.odt
( 4 )
false, baseless and only because they are the relatives of the
applicant No.1. In view of that, no prima facie case is made out
against them and therefore, the application deserves to be
allowed.
8. Per contra, learned APP strongly opposed the said
contention and submitted that considering that all the applicants
have assaulted the informant. The applicant No.1 also subjected
her for the forceful sexual assault. The allegation is
substantiated by the medical certificate, hence prima facie case
is made out and therefore, the application deserves to be
rejected.
9. On hearing both sides and on perusal of the
investigation papers, it reveals that the allegation levelled
against the applicant Nos.2 to 4 is baseless. It is not
substantiated by any medical certificate or by any statement of
the witnesses. It is apparent that they are implicated merely
because they are the relatives of the applicant No.1. There is no
allegation against them that they have either abused her on her
caste also. Thus, no prima facie case is made out against the
present applicants. In view of that, the application deserves to
be allowed. Accordingly, I proceed to pass following order:
ORDER
(i) The application is partly allowed .
26.apl.950.2023.Judgment.odt
( 5 )
(ii) The prayer of the applicant No.1 is not
pressed.
(iii) The FIR in connection with Crime
No.149/2023 registered with Police Station Darwha,
District Yavatmal for the offence punishable under
Sections 376(2)(n), 324, 417, 504 read with Section
34 of the Indian Penal Code and under Sections 3(1)
(r), 3(1)(w)(i)(ii) and 3(2)(va), 3(2)(v) of the
Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989, and the
consequent proceeding arising out of the same
bearing charge sheet No.88/2023, are quashed and
set aside to the extent of the applicant Nos.2 to 4.
The application is disposed of.
(URMILA JOSHI-PHALKE, J)
Sarkate.
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 30/03/2026 19:55:51