SHAIKH PASHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The FIR at the instance of respondent no.2 bearing No. 182 of 2020 registered with Peth Beed Police Station, Taluka and District Beed for the offence punishable under Ss. 376 and 506 of the Indian Penal Code (for short, "IPC") and the consequential proceedings arising out of it, are both sought to be quashed by the applicants herein praying to invoke inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure (for short, "Cr.P.C.").

(2.) Respondent no.2 set law in motion informing Peth Beed Police Station that the accused-applicant was a friend of her husband and was regularly accompanying her husband to their house. Accused-applicant was taking chances to talk to her on one or other count. According to informant, in September-October 2015, finding her alone in the house, he entered the house on the pretext of some talks and then threatened her and had forcible intercourse with her. According to her, because of the threats, she did not inform anyone. For the entire year 2015-2016, taking disadvantage of her loneliness in house, he used to have forcible sexual intercourse. According to her, her husband suspected about it and therefore, when he questioned her, she disclosed him that accused-applicant used to have forcible sexual intercourse with her. On getting knowledge about it, her husband finally gave her divorce on 21/8/2016. Thereafter, she claims that accused-applicant assured to marry her and took her to an Advocate and some writing work was done on a bond paper. Thereafter, assuming her to be wife of applicant, she moved with him to various places. According to her, they both lived together and posed themselves to be husband and wife. Subsequently, he started avoiding her. Thereafter, apart from seeking maintenance, she lodged the above FIR on the strength of which, Peth Beed Police Station registered crime for above offence and police machinery swung into action and carried out investigation and filed charge-sheet.

(3.) Learned counsel for the applicant, in support of relief, has pointed out that informant was already a married lady with children. That there is no dispute that present applicant was friend of her husband. That initially there was mere acquaintance, but subsequently there were several consensual sexual encounters between them. There was no threat or forcible sexual intercourse by the applicant with her. Rather according to him, all episodes were with consent. He submitted that present attempt of lodging false FIR is with mere intention to blackmail the applicant. That, informant is habitual blackmailer. Even her father has admitted about her said conduct. He pointed out that even present applicant had instituted proceedings for offence under Sec. 420 of the Indian Penal Code (for short, "IPC") against her. He took us through the papers to that extent placed on record and would add that probably getting annoyed by the same, with oblique motive, instant FIR has been lodged. He also submitted that several proceedings were instituted by the informant but she herself withdrew the same. That there was no offence as alleged in the FIR and as the same is with ill motive and after inordinate delay of two years, he submits that, in the light of such material on record, the said FIR and the investigation in consequence of it needs to be quashed and set aside.