← Library
Bombay High CourtAPL/931/2026allowed

Chandrakant S/O Balaram Ghodeswar v. The State Of Maharashtra Thr Pso Ps Jaripatka Nagpur And ANR.

2026-04-27Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2026:BHC-NAG:6516 1 12.apl.931.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO. 931/2026 Mr. Chandrakant s/o. Balaram Ghodeswar Vs.

State of Maharashtra and Anr.

................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders ................................................................................................................................................... Mr. R. P. Durge, Advocate for Applicants.

Mr. A. M. Joshi, A.P.P. for Non-applicant/State. Mr. V. R. Baseshankar, Advocate for Non-applicant No.2. CORAM :

MRS. VRUSHALI V. JOSHI, J.

DATED :

27.04.2026 1.

The applicant has filed this application for quashing of the Charge-sheet arising out of the First Information Report No.491/2019 registered for the offences punishable under Sections 376(2)(k) and 328 of the Indian Penal Code and Sessions Case No.542/2025 pending before the Additional Sessions Judge, Nagpur.

2.

The non-applicant No.2 has lodged the complaint against the applicant alleging that, he had sexual relations with her after administering a stupefying substance in cold-drink and thereafter, established the physical relations with her. Thereafter, by giving assurance of marriage, he had multiple sexual relations with her. Thereafter, they have performed marriage. The applicant has denied the marriage. Initially she has lodged the complaint under Section 498-A of the Indian Penal Code, which was not registered and, therefore, she has lodged this complaint as per the submission of the learned counsel for

2 12.apl.931.26.odt the applicant. Now the trial is pending before the Trial Court. During pendency of said trial, the matter is settled between the parties.

3.

The non-applicant No.2 is present before the Court. She has been duly identified by her learned Counsel. She submits that, she has no grievance against the applicant as the matter is settled between both of them. The affidavit to that effect has been filed on record. The same is taken on record and marked as 'X' for identification.

4.

The non-applicant No.2 has no grievance though the allegations are made against this applicant. They have performed marriage and divorce took place between them. The Charge-sheet arising out of First Information Report No.491/2019 registered for the offences punishable under Sections 376(2)(k) and 328 of the Indian Penal Code and Sessions Case No.542/2025 pending before the Additional Sessions Judge, Nagpur, is quashed and set aside subject to depositing costs of Rs.20,000/- paid by the applicant and the non-applicant No.2 each with the Public Welfare Account maintained with Union Bank of India, High Court Branch, Civil Lines, Nagpur bearing Account No.129712010001014 and IFSC Code UBIN0812978 within a period of four weeks and producing the receipt thereof on record within two weeks thereafter.

5.

The application is allowed in the above terms and disposed of.

(MRS.VRUSHALI V. JOSHI, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 28/04/2026 10:19:14