Rakesh Damodar Mulukh and Ors. v. the State of Maharashtra and Anr.
Case brief
What is this about?
This Court rejected an application seeking quashing of an FIR on the ground of the complainant's consent. The crime involved a violent public assault at a restaurant, causing societal impact, thus rendering consent irrelevant.
What the court decided
Digitally signed by SMITA SMITA JOHNSON JOHNSON GONSALVES GONSALVES Date: 2021.12.10 17:50:08+0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.240 OF 2020
Rakesh Damodar Mulukh And Ors. v/s.
.. Applicants
The State of Maharashtra And Anr. .. Respondents
Mr. Himanshu Shinde, for the Applicants.
Mr. K.V. Saste, APP, for Respondent State.
Mr. Kunal Phoole, for Respondent No.2.
Issues for consideration
2 issues framed by the court
Whether the FIR can be quashed solely on the ground of the complainant's consent when the incident involved a public assault creating societal fear.
Whether the draft, referring to cheque dishonour, is applicable to a case involving violent assault unrelated to cheque disputes.
Parties & counsel
- applicant
Rakesh Damodar Mulukh And Ors.
- respondent
The State of Maharashtra
- respondent
Respondent No.2
Coram
Case details
As recorded by the court registry
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