MANDAR DEEPAK PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant and respondent No.2 were undisputedly in a consensual relationship from 2009 to 2011 (or 2013 as stated by the respondent No.2). It is the say of the respondent No.2 that the consensual physical relationship was on an assurance of marriage by the appellant. The complaint has been filed only in 2016 after three years, pursuant whereto FIR dtd. 16/12/2016 was registered under Sec. 376 and 420, IPC.

(2.) On hearing learned counsel for parties, we find ex facie the registration of FIR in the present case is abuse of the criminal process.

(3.) The parties chose to have physical relationship without marriage for a considerable period of time. For some reason, the parties fell apart. It can happen both before or after marriage. Thereafter also three years passed when respondent No.2 decided to register a FIR.