1 apl 1099.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 1099 OF 2025 [Niranjan @ Ranjan S/o Namdeo Mesare vs. The State of Maharashtra through P.S.O., Shivaji Nagar, P.S. Khamgaon, Dist. Buldhana and anr.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------ - - - Mr. V. T. Suryawanshi, Advocate for the applicant Ms. R. V. Sharma, APP for the State/non-applicant no. 1 Mr. N. D. Dawda, Advocate for non-applicant no. 2 CORAM: MRS. VRUSHALI V. JOSHI, J. DATED : 30-04-2026. The applicant has filed this application for quashing First Information Report (FIR) and charge-sheet for the offences under Section 79 of the Bharatiya Nyaya Sanhita (BNS) and Section 3(1)(w)(i), (ii) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. 2. It is the case of the prosecution that the complainant came to stay in rented premises of one Gajanan Shegokar with her husband, son and daughter. Her husband is doing job at Axis Bank, Bhusaval. On 8-1-2025, when her husband went to Khamgaon and she was washing cloths, the applicant, who was standing in his gallery, has made sound of ‘shook-shook’ and further made gestures outraging modesty of the complainant. The applicant also made sound of ‘shook-shook’ earlier at two times. Non-applicant no. 2 – complainant told said fact to her husband and crime is registered against the applicant. 2026:BHC-NAG:6825-DB 2 apl 1099.2025 3. Learned counsel for the applicant has stated that non-applicant no. 2 came there to stay before two months of incident. The applicant was not knowing the caste of the victim. The victim has not mentioned the caste of the applicant in FIR. From the contents of FIR, no offence is made out against the applicant under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Only because two days before, the dispute took place between the wife of applicant and the victim as the wife of applicant asked her not to waste the water when she was washing utensils, therefore, she has lodged the false complaint against the applicant. The offence under Section 79 of BNS is not made out. Only to falsely implicate the applicant, offence is registered against him. He prayed to quash the FIR registered against the applicant. 4. Learned counsel for non-applicant no. 2 opposed the application stating that the statement of witness shows he was present when the applicant has made such gestures. As non-applicant no. 2 is from SC Category, he has committed such offence. His gestures, on looking her, itself is insulting and outraging her modesty and the case is made out and hence, he prayed to reject the application. 5. Heard both counsels. The specific allegations are made about making the noise of ‘shook-shook’ and making gestures by hands. What gestures he has made is not specifically mentioned by the complainant. There are no allegations relating to caste. Only because the 3 apl 1099.2025 complainant belongs to said community, the offence is registered against the applicant under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. She has not mentioned in FIR that what type of gestures the applicant has made and how it outrage her modesty. The eye witness, though has given statement, has filed on record affidavit that he was not present there and non- applicant no. 2 was a lady of quarrelsome nature and they have vacated the premises after the said incident. He has stated that his wife is also not aware about anything. He has denied the said incident. Therefore, nothing is there against the applicant to implicate him in said offence. Considering the allegations made against this applicant, prima case case is not made out. The application is allowed. 6. FIR No. 5/2025 registered by Shivaji Nagar Police Station, Khamgaon, Tahsil Khamgaon, District Buldhana and further the charge-sheet filed on registration of said FIR are quashed and set aside, subject to costs of Rs. 10,000/- to be paid by the applicant to the Public Welfare Account maintained with Union Bank of India, High Court Branch, Civil Lines, Nagpur bearing Account No. 129712010001014 and IFSC Code UBIN0812978 and to produce the receipt thereof on record within two weeks. 7. The application stands disposed of. JUDGE wasnik