BILAL SHAIKKH ADAM HAZU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard with the consent of the learned counsel appearing for the parties.

(2.) The Applicant has filed this Criminal Application for the following substantial relief :-

(3.) The Applicant herein has been arraigned as an accused in the sasid CR No.161 of 2020 dtd. 27/11/2020 registered at Colaba Police Station, Mumbai for the offences punishable under Sec. 354, 354(D), 506(2), 509 and 500 of the Indian Penal Code and under Sec. 67 of the Information Technology Act at the instance of Respondent No.2 herein. It is submitted that the 2nd Respondent got acquainted with the Applicant five years prior to the alleged incident while she was studying in the Elphinstone College. They used to meet each other regularly and developed an intimacy and love between them. Thereafter Applicant proposed the 2nd Respondent for marriage and, the 2nd Respondent gave her consent for the same. Thereafter the Applicant took the 2nd Respondent to one Hotel-Room at Panvel, and since the 2nd Respondent was in love with the Applicant, she has no reason to doubt about the intention of the Applicant and she allowed him to take some intimate photos of both from his mobile. When she enquired about the intention behind snapping such photos by the Applicant, she was told that he will delete the said photographs from the mobile. As the 2nd Respondent has faith in the Applicant, she did not enquire much about the same. It is alleged that when the 2nd Respondent started asking the Applicant about the marriage and further started insisting to meet his family members, the Applicant avoided the same on one pretext or the other, pursuant to which the quarrels started taking place between them. It is alleged that thereafter the Applicant started threatening the 2nd Respondent to him, however, the 2nd Respondent did not meet him and, further she stopped receiving calls of the Applicant. It is alleged that the Applicant started defaming the 2nd Respondent before her friends over phone by giving false and defamatory information in respect of the 2nd Respondent. The 2nd Respondent informed about the said harassment at the hands of the Applicant to her elder sister and brother in law. Thereafter her elder sister advised her not to meet the Applicant at all. It is further alleged that on 26/11/2020, the Applicant had kept the aforesaid intimate photographs of the 2nd Respondent and the Applicant on his mobile status. In view of this, as stated herein above, the 2nd Respondent has lodged the impugned FIR at Colaba Police Station against the Applicant.