NAVNEET Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has made this application under Sec. 482 of the Code of Criminal Procedure (for short, "Cr.P.C") and prayed to quash and set aside the First Information Report No.0573/2021 dtd. 01/08/2021 registered at Umred Police Station, Nagpur, for the offencecs punishable under Ss. 376 and 417 of the Indian Penal Code (for short, "IPC"). The facts leading to the filing of this application are stated in brief as under :-

(2.) The First Information Report / crime has been registered on the basis of the report lodged by the non-applicant No.2 against the applicant/accused. The non-applicant No.2 stated in the report that the applicant and the non-applicant No.2 got engaged on 22/02/2021 at Wadsa, Tq. Wadsa, Dist. Gadchiroli. The engagement function was celebrated at Saint Gajanan Mandir at Wadsa. The marriage was fixed on 13/04/2021. The applicant had made the necessary booking of lawn, etc. However, due to second wave of Covid-19 Pandemic and the lockdown declared by the Government, the marriage was postponed. The marriage was again fixed on 03/05/2021. However, at that time, the non-applicant No.2 was detected Covid positive and therefore, their marriage could not be performed.

(3.) It is stated in the report that on 01/06/2021, the applicant had arranged a party at Jungle Retreat Resort at Karandala, Near Umred. The applicant, non-applicant No.2 and their friends with family had been to the said Resort. They enjoyed the party. After party, the non-applicant No.2 went to the room of applicant with luggage. The applicant was in drunken condition. The applicant complained that he had headache and therefore, the non-applicant No.2 gave head message to him. The non-applicant No.2 slept in the said room in the night. The applicant had sexual intercourse with the non-applicant No.2 against her consent and under the pretext that the non-applicant No.2 would be her wife after few days. Similarly, in the morning of 02/06/2021, the applicant had sexual intercourse with the non-applicant No.2. In the morning, the applicant left the said Resort. The non-applicant No.2 came to Nagpur with friends and their family.