RAHUL VINOD SURUSHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant seeks quashment of the First Information Report No.1104 of 2024, registered with MIDC Waluj Police Station, District Aurangabad for the offences punishable under Sec. 137(2), 64(2)(m) and 87 of the Bhartiya Nyaya Sanhita, 2023 and u/s 4, 6 of the Protection of Children from Sexual Offences Act and Sec. 9 of Prevention of Child Marriage Act. By way of amendment, applicant made prayer for quashing of charge-sheet bearing No.455 of 2025 and consequential proceeding pending before the Special Court, at Gangapur.

(2.) The informant/Father of Victim lodged report dtd. 4/12/2024 stating that, at 10.30 p.m. he had slept at home alongwith his family members. At about 5.00 am he noticed that his daughter aged about 16 years 9 months was missing from the home. He took for her at various places, then lodged missing report. Accordingly, an offence under Sec. 137(2) of the BNS was registered. Lateron, informant recorded his supplementary statement that on 11/9/2025, he received telephonic call. He had talk with his daughter. She told that she is married with the applicant and conceived pregnancy. She is admitted at Civil Hospital, Jalgaon. On 12/9/2025 he reached to the Civil Hospital, Jalgaon. He found that his daughter had delivered a child. She informed that she had love affair with applicant, hence, she had left home with intention to marry him.

(3.) On completion of investigation, charge-sheet no.455 of 2025 came to be filed with Special Court, at Gangapur, District Chhatrapati Sambhajinagar.