The Bombay High Court bench of Justices Sambhaji Shinde and Govinda Sanap on Friday quashed an FIR lodged against an army aspirant booked for outraging the modesty of a neighborhood girl.
The bench was hearing a plea filed by Ajay Ahire, who claimed to have been selected for a post in Indian Army.
Advocate Vrishali Raje appearing for Ajay pointed out that her client would be recruited only after a 'police clearance report.'
"However, if this FIR continues to be there then there would be a negative report against my client. Thus, we are seeking to quash the FIR especially because there has been an amicable settlement between the complainant and my client," Raje submitted.
The advocate further pointed out that the FIR was lodged by the victim's father and the same was an outcome of a family dispute.
"The families had locked horns over some agricultural land dispute and as a result of it this FIR came to be lodged", she told the bench, adding, "A strong ground to quash the FIR is the fact that initially when it was lodged the offence of outraging modesty wasn't mentioned but was added later. It was an after thought."
At present, as per Raje, her client is on training for the army job. The victim and her father also filed an affidavit stating they have no objection to the quashing of this FIR.
Having heard the contentions and gone through the material on record the bench said that the offence of outraging modesty isn't made out against Ahire.
"It is pertinent to note that the prosecution case doesn't sustain if victim doesn't support it. Thus, continuation of prosecution would be wastage of time and abuse of the process of law", the bench noted.
