The Court disposed of a CRC accompanying the petition filed for quashing an FIR related to rape and criminal intimidation. The bench held that since the allegations involved violent sexual intercourse and threats, quashing the FIR solely on the basis of the prosecutrix's consent and settlement was inappropriate.
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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40.wp-3515-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3515 OF 2021
Abhishek Kishanlal Suthar
…. Petitioner
Versus
The State of Maharashtra and another …. Respondents
Ms. Premlata Jain, Advocate for the Petitioner. Mr. K.V. Saste, APP for Respondent No.1-State. Ms. Akshata Jadhav, Advocate i/b. Ravi Jadhav, for Respondent No.2.
CORAM : NITIN JAMDAR AND SARANG V. KOTWAL, JJ.
DATE : 07 DECEMBER 2021
P.C.
Heard the learned counsel for the parties. Taken up for
disposal
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40.wp-3515-21.odt
annexed to the petition wherein the Respondent No.2 has stated that she is aware that the allegations against the Petitioner are serious, however, they have resolved their dispute and she has no objection to quash the FIR.
PRADIPKUMAR PRAKASHRAO DESHMANE Digitally signed by PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2021.12.09 11:28:42 +0530
(SARANG V. KOTWAL, J.)
(NITIN JAMDAR, J.)
Deshmane (PS)
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2 issues framed by the court
Whether the First Information Report (FIR) should be quashed on the basis of consent and settlement by the parties in a rape case alleging false promise of marriage.
Whether allegations of forceful sexual intercourse and threat in a rape case preclude the quashing of an FIR solely due to compromise between parties.
1 provisions across 1 enactments
Abhishek Kishanlal Suthar
The State of Maharashtra
another
NITIN JAMDAR
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court