Disposed¶17

Surendra Madhukar Sawarkar v. the State of Maharashtra Thr Pso Ps Midc, Nagpur Dist. Nagpur and Another

Bombay HC18 Jun 2025APL/80/2025

Case brief

AI extract

What is this about?

Quashing of rape case under Section 376(2)(n) IPC after marriage between accused and prosecutrix; prosecutrix (non-applicant No.2) declined to prosecute; marriage certificate dated 28.05.2025 marked article 'X'; trial held futile; application disposed of in terms of prayer clause (AA); Bombay High Court Nagpur Bench, Criminal Application (APL) No.80 of 2025, decided 18/06/2025; Coram Anil S. Kilor and Mrs. Vrushali V. Joshi, JJ.; Crime No.437 of 2024, PS MIDC Nagpur; Chargesheet No.187 of 2024; RCC No.199 of 2024; applicant Surendra Madhukar Sawarkar v. State of Maharashtra.

What did the court decide?

Application disposed of in terms of prayer clause (AA); the text of the (amended) prayer clause is not reproduced in the judgment. ¶17

Surendra Madhukar Sawarkar Vs the State of Maharashtra Thr Pso Ps Midc, Nagpur Dist. Nagpur and Another — Bombay HC (2025) — LawSathi Research

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2025:BHC-NAG:5640-DB

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19.apl.80.25.odt

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

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CRIMINAL APPLICATION (APL) NO.80 OF 2025

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Surendra Madhukar Sawarkar .Vs. State of Maharashtra, and another

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Mr. A.A. Dhawas, Advocate for applicant. Ms Soniya Thakur, A.P.P. for non-applicant/State.

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CORAM : ANIL S. KILOR AND MRS. VRUSHALI V. JOSHI, JJ. DATE : 18/06/2025

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Heard.

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At the outset, learned counsel for the applicant seeks permission to carry out the amendment in the prayer clause.

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Permission is granted. Amendment be carried out forthwith.

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In the present matter, a prayer is made for quashing of the Chargesheet bearing No.187 of 2024, dated 08.07.2024 and Regular Criminal Case No.199 of 2024 arising out of Crime No.437 of 2024, dated 10.05.2024 registered with Police Station, MIDC, Nagpur, for the offence punishable under Section 376(2)(n) of the Indian Penal Code.

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2 19.apl.80.25.odt

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On 09.05.2025, the non-applicant No.2 personally appeared before this Court and expressed her desire not to prosecute the applicant as the applicant and non-applicant No.2 had decided to perform marriage.

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Today, the learned counsel for the applicant has produced marriage certificate dated 28.05.2025. The learned counsel for the non-applicant No.2 is not disputing the fact of the marriage. The certificate of marriage is taken on record and marked as article ‘X’ for the purpose of identification.

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Thus, considering the fact that the applicant and the non-applicant No.2 have performed marriage and in view of the same, non-applicant No.2 does not want to prosecute the applicant, we are of the opinion that even if the trial is conducted no purpose will be served. In the circumstances, the application is disposed of in terms of prayer clause (AA).

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(MRS. VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.)

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C.L.Dhakate

Surendra Madhukar Sawarkar v. the State of Maharashtra Thr Pso Ps Midc, Nagpur Dist. Nagpur and Another

Case brief

What is this about?

What did the court decide?

Surendra Madhukar Sawarkar v. the State of Maharashtra Thr Pso Ps Midc, Nagpur Dist. Nagpur and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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