MOHAMMED AAMIR ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. Ms. Kolhe, learned APP, waives service of notice for respondent No.1 and Mr. Tirukh, learned counsel waives service of notice for respondent No.2. The Criminal application is heard finally with the consent of learned counsel for the parties.

(2.) By this application, the FIR registered vide Crime No.86/2018 at Police Station Balapur, District Akola for an offence punishable under Section 376(2)(N) of Indian Penal Code at the behest of respondent No.2 has been sought to be quashed and set aside. In addition, the application also seeks quashing and setting aside of the order dated 21.08.2019 passed by the concerned Sessions Judge in Sessions Trial No.132/2018 based upon the same Crime. By the order dated 21.08.2019, the learned Sessions Judge has rejected the application (Ex.No.14), filed by the applicant seeking his discharge from the sessions trial.

(3.) The allegations made against the applicant, in short, are that, the applicant expressing his exclusive love for respondent No.2, seduced her into having sexual relationship with him and did have sexual intercourse on many occasions. The last of such occasions was in the early morning at 3.00 AM of 13.02.2018. The affair that was going clandestinely between the applicant and respondent No.2 got exposed in the early morning of 13.02.2018 when, one Sheikh Biram, described by respondent No.2 to be her servant though, Shiekh Biram has clarified his standing vis-a-vis respondent No.2. that he is only a service provider as he tends the cattle owned by mother of respondent No.2. In other words, Sheikh Biram is a shepherd looking after the cattle of the family of respondent No.2. This servant or shepherd, seeing what was going on between the applicant and respondent No.2 threatened that he would be disclosing the same to the mother of respondent No.2. It was then that the applicant gave an express promise to respondent No.2 to perform marriage with her. But, he did not fulfill the promise.