AMOL BHAGWAN NEHUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) This Appeal by special leave is directed against the Impugned Order dt. 28/6/2024 passed by the High Court of Judicature at Bombay in Crl. W.P. No. 3181 of 2023 whereby the Petition u/s 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeking quashing of the Criminal Case C.R. No. 490/2023 dt. 31/7/2023 for offences punishable u/s 376, 376(2)(n), 377, 504 and 506 of the Indian Penal Code (hereinafter "IPC") registered at Karad Taluka Police Station, Satara qua the Appellant was dismissed. Vide an amendment to the Petition, the Appellant also challenged the chargesheet filed on 26/9/2023 and the proceedings in RCC no. 378/2023 pending before the Additional Sessions Judge, Karad.

(3.) The Criminal Case C.R. No. 490/2023 dt. 31/7/2023 at Police Station Karad Taluka, Dist. Satara was registered at the behest of a Complaint filed by the Complainant/Respondent no. 2 alleging that during the period 8/6/2022 till 8/7/2023, the Appellant forcibly had sexual intercourse with her on the false assurance of marriage. The Complainant/Respondent no. 2 who had been previously married, had obtained Khulanama from her ex-husband and had been residing with her 4-year-old son at her parental home in Kalegaon, Karkad Dist since 2021; while the Appellant, a 23-year-old student of Bachelor of Science (Agriculture) at Krishna College of Agriculture, Rethre BK, Taluka Karad District, Satara was residing as a tenant next door, with three other men since 25/5/2022. The sequence of events as recorded in the FIR 490/2023 dt. 31/7/2023 are as under: