Application to quash FIR alleging rape and abduction filed between married couple with a child. Court found consensual relationship and no objection from victim. Allowed quashing of proceedings under Section 482 CrPC.
The proceedings of the subject FIR are quashed and set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.95 OF 2016
Naved Shamim Shaikh & Ors. .... Applicants versus The State of Maharashtra & Ors. ... Respondents
CORAM : RANJIT MORE & SARANG V. KOTWAL, JJ. DATE : 24th JULY, 2017.
P.C. :
respondent No.3 and learned APP.
Constitution of India read with section 482 of the Code of Criminal Procedure, 1973, for quashing and setting aside FIR bearing C.R.No.301/15, registered with Vijapur Naka Police Station, Solapur. The said FIR is registered against the applicant
Nesarikar
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for the offences punishable u/s 376, 366, 343 r/w 34 of the Indian Penal Code.
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already been married and blessed with a son. They also stated that they are happily residing together. The respondent No.3 specifically stated that with such circumstances, she does not want to proceed against the applicant. She has stated that the subject FIR may be quashed and set aside. At this stage, it is also worth to note that at the time of incident in question both, the applicant No.1 and the respondent No.3 were major. The respondent No.3 seems to have gone with the applicant on her own will and therefore there is no question of commission of offence either 376 or 366 of the Indian Penal Code as the relationship between them is consensual. In above circumstances, we exercise our jurisdiction u/s 482 of Cr.P.C. and quash the proceedings of the subject FIR.
(SARANG V. KOTWAL, J.) (RANJIT MORE, J.)
2 issues framed by the court
Whether the FIR under Sections 376 and 366 IPC should be quashed given the consensual relationship and pregnancy of the parties.
Whether a 482 CrPC application can be allowed to quash proceedings when the accused and alleged victim have since married and have a child.
2 provisions across 2 enactments
Naved Shamim Shaikh & Ors.
The State of Maharashtra & Ors.
SARANG V. KOTWAL
RANJIT MORE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
