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Bombay High CourtAPL/277/2024allowed

Subhas Govind Ambhore v. The State Of Mah. Thr. Its Pso, Ps Washim (Rural) Tq And Dist. Washim And Another.

2024-02-16Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Shri Justice Pravin S. Patil2 pages

1 11.apl.277.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.277 OF 2024 Subhas Govind Ambhore ..vs..

State of Maharashtra and anr - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.S. Kurekar, Advocate for the applicant. Shri Badar, Addl.P.P. for the State.

CORAM:

VINAY JOSHI AND MRS.VRUSHALI V. JOSHI , J J.

DATED :

16/02/2024.

Heard.

2.

By this application the applicant is seeking to quash the First Information Report No.522 of 2023 registered with the Washim Rural Police Station, District Washim for the offence punishable under Sections 376, 376(2)(f), 376(2)(n) of the Indian Penal Code. 3.

At the instance of a widow aged 36 years, the crime has been registered. She alleges that the applicant was her distant relative who under the pretext of marriage has established sexual relations for long duration of three to four years preceding to the lodgment of the FIR.

4.

Learned Counsel for the applicant would submit that the informant was well grown-up matured lady. She was well aware that the applicant was the married fellow. Both have maintained relations by their choice and thus, it is a case of consensual relationship. 5.

Issue notice to the non-applicants for final disposal, returnable on 01.04.2024. Learned Addl.P.P.

2 11.apl.277.2024 waives notice on behalf of the State.

6.

In the meantime, investigation may go on but charge-sheet shall not be filed without obtaining leave of this Court.

(MRS.

VRUSHALI V. JOSHI , J.

) (VINAY JOSHI, J.) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 17/02/2024 10:35:56