AMIT RAMA ZENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed for quashing the proceedings in Charge-sheet No.87 of 2022, pending before the Chief Judicial Magistrate, Osmanabad arising out of the FIR vide Crime No.185 of 2022 dtd. 26/6/2022 registered with Anandnagar Police Station, District Osmanabad for the offences punishable under Ss. 376(2) (n), 307, 324, 323, 504, 506 read with Sec. 34 of Indian Penal Code.

(2.) Heard learned Advocate Mr. M. A. Tandale for the applicant, learned APP Mr. S. A. Gaikwad for respondent No.1/State and learned Advocate Mr. Akash D. Gade, who is appointed through Legal Aid, for respondent No.2.

(3.) Learned Advocate appearing for the applicant has taken us through the entire charge-sheet including the FIR and submits that the FIR has been lodged with ulterior motive and suppression of facts. He relies on the affidavit filed by respondent No.2 before this Court at the time of bail application, wherein she has stated that she had given the FIR due to misunderstanding. In fact, there was an agreement between the applicant and herself in respect of live-in relationship for a period of one year. During the course of live-in relationship there was sexual intercourse between them and, therefore, it cannot be stated to be a rape as defined under Sec. 375 of the Indian Penal Code. The relationship was consensual in nature. Now, the mother of the informant/prosecutrix has also supported the FIR, but she was also party to the agreement which was in fact entered into between the prosecutrix, her mother and the wife of the present applicant. It would be an abuse of process of law, if the applicant is asked to face the trial.