PREMSUKH KISANDAS KATARIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition is filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, seeking quashing of First Information Report (FIR) No.250 of 2014 which is registered with Daund Police Station, Pune, dtd. 31/7/2014, for the offences punishable under Ss. 376, 417, 506 of the Indian Penal Code and under Sec. 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) By an order dtd. 5/4/2016, Rule was issued and adinterim relief granted earlier was continued.

(3.) It is alleged by the Petitioner in the FIR that, the Respondent No.2's son was studying in the Seth Jyotiprasad School and due to financial condition of the Respondent No.2 she decided to change the school of her son from English medium to Marathi medium. At that point of time, the Respondent No.2 met present Petitioner who was then the Secretary of the school. The Petitioner insisted the Respondent No.2 not to change the school and assured that, he would take care of the Respondent No.2's son's school fees and insisted on continuing with the English medium school. Thereafter, the Respondent No.2's son continued his schooling in the English medium school. Later, the Petitioner used to call upon the Respondent No.2 when she used to go to school to drop her son. On one such day, the Petitioner enquired about the family status of the Respondent No.2 and further informed her that, he had marital issues with his wife and promised the Respondent No.2 that, he would marry her and would also make arrangement of her residence by buying a house for her. Soon thereafter, one day the Petitioner came to the house of the Respondent No.2 and without her permission and willingness maintained physical contact with her and committed rape on her. Thereafter, the Petitioner repeatedly committed the act of rape on the Respondent No.2. He also threatened the Respondent No.2 that, if she informs anybody about the act committed by the Petitioner he would remove the Respondent No.2's son from the school, so also, he would kill the Respondent No.2. The Petitioner continued his act of committing rape on the Respondent No.2 and though, he had promised her for getting married to him, he started avoiding the said promise. The Respondent No.2 thereafter got pregnant due to physical relations of the Respondent No.2 with the Petitioner and delivered a baby girl on 17/2/1999. Even after the baby girl was born, the Petitioner kept on having physical relations with the Respondent No.2 and after two years on 6/2/2001, a baby boy was born due to the relationship of the Petitioner with the Respondent No.2. The Petitioner kept on threatening the Respondent No.2 with dire consequences if she discloses about his relationship with the Respondent No.2 and also further passed remarks of castism against the Respondent No.2 as she was from Scheduled Tribe. Hence, the Respondent No.2 lodged an FIR with the police.