BABU MAHAMAD SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition has been filed for quashing of the First Information Report ('F.I.R.'), being C.R No. 84 of 2018 registered with Sangamner Police Station, Dist. Ahmednagar for the offences punishable under Ss. 354(A) (1), 354(D) and 506 of the Indian Penal Code (' I.P.C .') and under Sec. 8 of Prevention of Children from Sexual Offences Act, 2012 and consequential charge-sheet in Special Case No. 7 of 2021 pending on the file of Additional Sessions Judge, Sangamner.

(2.) The petitioners are the accused in the F.I.R. and the charge-sheet as well. The F.I.R. was lodged by 'M' (name withheld) on 12/3/2018 in relation to the incidents that took place on 04 th and 7/3/2018. It has been averred in the F.I.R. that Sajid (co-accused) would trouble the informant one or the other way. He used to follow the informant on her way to school. He would make obscene gestures at her. He had made number of calls on the cell phone of the parents and other family members of the informant. Sajid had come to her residence on 04 th March, 2018 by 05:00 p.m. The informant was alone home. He embraced and asked her to allow him to have sex with her. The informant raised alarm. Her parents arrived. Sajid then fled. Petitioner Nos. 1 and 2, uncle and aunt of Sajid were informed. They came to the house of the informant. The matter was settled. SIM card from the cell phone of Sajid was removed and destroyed as well. Petitioner No.2 tendered apology and assured good behaviour by Sajid. It has further been averred in the F.I.R. that again on 07 th March, 2018 by 07:00 p.m., Sajid, the petitioners and Ayub came to the residence of the informant. Petitioner No.1 - Babu asked father of the informant to give her in marriage to Sajid. He (father) flatly refused. Ayub thereupon asked Sajid to catch hold hand of the informant and take her along. He also told that he would call police van. Petitioner No. 3 - Saukat gave threats to the informant and her family members. He also abused them in filthy language. Petitioner No.1 Babu then told them that he was going to ensure that Sajid marries the informant. All of them then left.

(3.) It has further been averred that the matter was settled. On 08 th March, 2018 parents of the informant did not return home till late in the evening. She was, therefore, worried. She then realised of a false F.I.R. to have been lodged against her parents alleging to have robbed and assaulted Sajid. Thereafter present F.I.R. came to be lodged. On investigation of the crime, charge-sheet came to be filed against the petitioners, Sajid and Ayub.