Tushar Ajay Sukhdeve v. the State of Maharashtra through Police Officer Station Bhandara

Bombay HC29 Nov 2024APL/1268/2024

Case brief

AI extract

What is this about?

Application to quash charge-sheet for rape and causing miscarriage based on alleged false promise of marriage. Court issued notice returnable after six weeks and directed the trial court not to frame charge till next date.

What did the court decide?

Interim direction that the Trial Court shall not frame charge till next date; notice issued returnable after six weeks.

Tushar Ajay Sukhdeve vs the State of Maharashtra through… — Quashing and FIR | Bombay HC (2024)

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1 909 apl 1268.24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (APL) NO. 1268/2024

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(Mr. Tushar s/o. Ajay Sukhdeve Vs. State of Maharashtra & anr.)

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Mr. R.S. Thkare, Advocate with M. Kotecha, Advocate for applicant.

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Mr. M.K. Pathan, APP for non-applicant No.1.

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CORAM: VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.

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DATED : 04/10/2024.

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Heard.

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This is an application seeking to quash charge-sheet (Sessions Trial No. 12/2024) arising out of crime No. 816/2023 registered with Police Station Bhandara, Tq. and Dist. Bhandara for the offence punishable under Sections 376(2)(n), 313 of the Indian Penal Code, 1860.

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The informant lady aged 26 years has lodged report stating that in the year 2020, she got acquainted with the applicant through matrimonial website. In the month of January 2021, they met each other and then relationship was developed. Informant stated that from the period of February 2021 till October 2023 on and often at various places and at different lodging-house, they met and had sexual relation. It is her contention that since the applicant

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promised for marriage, therefore she gave consent which according to her vitiates as the promise was false. The informant also stated that she remained pregnant, but the applicant caused to abort the child by administering some pills.

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The learned counsel for applicant would submit that it is purely case of consensual relation. It is submitted that there is no medical papers to substantiate allegations of miscarriage. The applicant has produced voluminous print outs of mobile communications between them to impress that she has voluntarily consented for relation out of love affair.

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Issue notice to the non-applicants returnable after six weeks. The learned APP waives service of notice for nonapplicant No.1.

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In the meantime, the Trial Court shall not frame charge till next date.

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( MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)

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Gohane

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Signed by: Mr. J. B. Gohane Designation: PA To Honourable Judge Date: 05/10/2024 10:48:18

Tushar Ajay Sukhdeve v. the State of Maharashtra through Police Officer Station Bhandara

Case brief

What is this about?

What did the court decide?

Tushar Ajay Sukhdeve v. the State of Maharashtra through Police Officer Station Bhandara

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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