NANDAN SADANAND BENDARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application is filed invoking the jurisdiction of this Court under the provisions of section 482 of the Code of Criminal Procedure, 1973 for quashing the proceedings of R.C.C. No. 0400842 of 2014 [converted into Sessions Case No. 159 of 2014] pending on the file of Sessions Judge, Pune, which has arisen from C.R. No. 242 of 2013 registered with Kotharud Police Station against the Applicant at the instance of Respondent No. 2 for the offence punishable under sections 376 and 420 of the Indian Penal Code, 1860.

(2.) The allegations made by the Complainant - Respondent No. 2 herein, which gave rise to the registration of C.R. No. 242 of 2013 are as under :

(3.) At the outset, Mr. Kumbhakoni, the learned Senior Counsel appearing for the Applicant submitted that he will not refer any document whatsoever which is not part of the charge -sheet. He further submitted that even if the entire charge -sheet is accepted as it is, it does not make out any case whatsoever against the Applicant for commission of any offence muchless under section 376 or 420, as alleged. He relied upon the statements recorded in the FIR and emails exchanged between the parties. He submitted that if the entire charge -sheet is perused, it does not disclose any allegation against the Applicant that he kept the physical relationship with the Complainant against her will and without her consent. In support of his submission, in the present case, this Court shall exercise its extraordinary jurisdiction for quashing the above FIR and no offence is disclosed from the complaint, Mr. Kumbhakoni pressed into service following decisions :