Jayendra Vijay Ayare v. Priyanka Ankush Chavan @ Ruchitra
2018-09-10
K.M.JOSEPH, NAVIN SINHA, RANJAN GOGOI
body2018
DigiLaw.ai
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.