DHRUVARAM MURLIDHAR SONAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated 02.07.2018 in Criminal Application No.3590 of 2012, whereby the High Court of Judicature at Bombay (Bench at Aurangabad) dismissed the application filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') for quashing the First Information Report No.59 of 2000 registered with Mhasawad Police Station, District Nandurbar, for the offences punishable under Sections 376 (2)(b), 420 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the SC/ST Act') and the chargesheet filed in the court of judicial magistrate, F.C. Shahada, Nandurbar District.

(3.) The appellant is the accused No.1 in the aforesaid FIR, registered at the instance of the complainant/respondent No.4. At the relevant point of time, the appellant was serving as a medical officer, Primary Health Centre at Toranmal, Dhadgaon Taluq, Nandurbar District, whereas the complainant was working as an Assistant Nurse at the same establishment. The allegations made by the complainant in the FIR in brief are that her husband died on 05.11.1997, leaving behind her and her two children. During this time, the appellant informed her that there have been differences between him and his wife, and therefore, he is planning to divorce his wife. Further, the appellant informed the complainant that since they belong to different communities, a month is needed for the registration of their marriage. Therefore, she started living with the appellant at his Government quarters. The FIR further states that she had fallen in love with the appellant and that she needed a companion as she is a widow. Therefore, they started living together, as if they were husband and wife. They resided some time at her house and some time at the house of the appellant. The appellant acted as if he has married her and has maintained a physical relationship with her. However, he has failed to marry her as promised. When things stood thus, his brother, i.e accused No. 2, claims to have married her. Thereafter, in the year 2000, complainant received the information from the co-accused about the marriage of the appellant with some other woman. Therefore, she filed the aforesaid complaint and FIR dated 06.12.2000 came to be registered against the appellant and the co-accused.