GOVAN RAMNATH MALOTH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Shri Amit Chutke, learned A.P.P. waives service for non-applicant No.1-State, Ms. Apurva Kolhe, learned counsel [appointed] waives service for non- applicant no.2. With consent of learned Counsel for the parties, the application is taken up for final hearing.

(2.) The application is for quashing and setting aside the First Information Report No.303/2024 dtd. 25/04/2024 registered at Police Station, Gittikhadan, Nagpur for the offences punishable under Ss. 376(2)(n), 509, 504 and 506 of the Indian Penal Code and also the consequential charge-sheet.

(3.) The non-applicant no.2 lodged the First Information Report alleging that, initially, the applicant had developed friendly relationship with her. However, considering the nature and behavior of the applicant, she stopped taking meals with him and also stopped going to his room. It is further alleged that on 04/06/2020, the applicant went to the room of the informant and insisted her to come to his room to have a meal with him. Accordingly, she went to his room, where she was subjected to forceful intercourse against her wish by the applicant. Despite shouting, as the room was situated on the first floor, her shout was not heard by anyone. Thereafter, from time to time till 13/08/2021 under false promise of marriage, the applicant took the informant to his room and subjected her to forceful sexual intercourse. It is alleged that though she said no for continuing such relation, but the applicant threatened her of dire consequences. It is submitted that, when the informant insisted for marriage, the applicant flatly denied it saying that she is 30 years of age, and also abused her in filthy language. It is further alleged that on 25/08/2021, as she was fed up with the harassment at the hands of the applicant, therefore, she left her earlier room and shifted to another room. Based on these allegations, the First Information Report came to be registered. After investigation, charge-sheet came to be filed.