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Bombay High CourtAPL/344/2024dismissed

Pramod S/O Balram Kherde. v. The State Of Maharashtra Thr. Pso Hudkeshwar Nagpur Dist.Nagpur And Another

2024-03-04Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 913.apl.344.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 344/2024 Pramod s/o. Baliram Kherde 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. M. Chandekar a/w. Mr. S. N. Singh, Mr. Rushikesh Muddalwar and Mr. Harsh Pathak, Advocates for Applicant. Mr. D. V. Chauhan, P.P. for Non-applicant/State. CORAM : VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ .

DATED : 04/03/2024.

.

Heard.

2.

This is an application seeking to quash chargesheet arising out of Crime No.561/2023 registered with Police Station Hudkeshwar, District Nagpur for the offence punishable under Sections 376, 376(2)(n) read with Section 34 of the Indian Penal Code, 1860.

3.

The informant lady aged 33 years having a child has lodged a report alleging that the applicant expressed his willingness to marry and, thereafter, had established sexual relations. It is the informant's case that under false promise of marriage she has been sexually exploited. 4.

Learned Counsel for the applicant would submit that at the most it is a case of pure consensual relationship. 5.

According to the applicant, the story narrated by the informant itself shows that she was willing party. 6.

Issue notice to the non-applicants, returnable on 02.04.2024.

2 913.apl.344.24 7.

Learned Public Prosecutor waives service of notice for non-applicant/State.

(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 05/03/2024 17:27:15