Vidyasagar Vinaykrao Chavan v. The State Of Maharashtra And ANR

apl-58-17(24)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 58 OF 2017 Mr. Vidyasagar Vinayakrao Chavan ..Applicant Vs.

State of Maharashtra & Ors ..Respondents Mr. V. V. TarePatil for the Applicant Mr. R. D. Suryawanshi for the Respondent No.2 Mr. A. R. Kapadnis APP for the Respondent State CORAM :R. M. SAVANT, & SANDEEP K SHINDE,JJ DATE : 30th JANUARY, 2018 P.C.

The above Criminal Application has been filed for quashing of the FIR being No.I-81/2016 registered with the Chitalsar Police Station, District Thane for the offence punishable under Section 376 of the IPC. Having regard to the fact that the offence under Section 376 is of the serious nature and is held to be offence against the society. We are not in a position to accede to the request of the Petitioner for quashing the FIR on the basis of the material which is on record. The Learned Counsel for the Petitioner initially sought to contend that the relationship between the Petitioner and the first informant was consensual, however thereafter sought to retract from the same by contending that the Petitioner denies the said relationship.

mmj

apl-58-17(24) If that be so, the Applicant would be worst of then if he were to accept that the relationship was consensual. In view of the aforesaid we are not inclined to interdict in favour of the Applicant. The above Criminal Application is accordingly rejected.

[SANDEEP K. SHINDE, J] [R.M.SAVANT, J] mmj