Akash S/O Vishwanath Khekale v. The State Of Maharashtra Thorugh Pso Hinganghat Wardha And Another

1 912.apl.1305.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.1305 OF 2024 Akash s/o Vishwanath Khekale ..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 M.V. Rai, Advocate for the applicant.

Shri Joshi, Addl.P.P. for the State.

CORAM:

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

DATED :

12/09/2024.

Heard.

2.

This is an application seeking to quash the charge-sheet arising out of First Information Report No.874 of 2023 registered with the Hinganghat Police Station, District Wardha for the offence punishable under Sections 376, 376(2)(n), 504 and 506 of the Indian Penal Code.

3.

A lady aged 26 years has lodged the report alleging that the applicant by giving assurance of marriage, sexually exploited her, and therefore, the offence.

4.

Learned Counsel for the applicant would submit that it is the case of consensual relations. It is argued that a story narrated by the informant is improbable since there is vast age gap. He has pointed out to this Court that the informant is 36 years of age however to stood the purpose, she has falsely stated her age as 26 years whilst the applicant is young aged 22 years only. Moreover, it is argued that as per FIR, they had relations at various place, which shows that it is a case of consensual relations. It is stated that the contents about

2 912.apl.1305.2024 pregnancy are false.

5.

Issue notice to the non-applicants for final disposal, returnable after six weeks. Learned Addl.P.P. waives notice on behalf of the State.

6.

The Trial Court shall not proceed till further orders.

(MRS.

VRUSHALI V. JOSHI , J.

) (VINAY JOSHI, J.) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 13/09/2024 13:59:53