KUNDAN SINGH DANGI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 439 Cr.P.C. filed by the aforesaid Applicant, who is facing trial in Sessions Case No. 635 of 2022 pending before the Sessions Court, Dindoshi, Mumbai. The said case arises from C.R. No. 399 of 2022 registered with Amboli Police Station, for offences under Sec. 376(2)(n) , 323 , 324 , 420 , 506 of the Indian Penal Code.

(2.) The records reveal that this Court (Coram : Bharati Dangre, J.) had earlier released the Applicant on bail since the Applicant and prosecutrix had agreed to solemnize the marriage. The Applicant subsequently filed an application stating that he was unable to solemnize the marriage with the prosecutrix, and sought relaxation of condition regarding solemnization of marriage. The said interim application was allowed and since the application was otherwise not decided on merits, order dtd. 22/10/2022 was recalled and the Applicant was taken in custody. Hence this application .

(3.) The FIR prima facie reveals that the Applicant and the prosecutrix, both adults, were known to each other, and that they have indulged in consensual sexual activity. The FIR prima facie reveals that the prosecutrix was suspecting that the Applicant was having amorous relationship with other girls, which led to squabble and quarrel between both the parties. The prosecutrix has alleged that the Applicant used to assault and abuse her.