NITIN HARIHAR KAMDI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for applicants and learned APP for non-applicant/State. Despite service, none appears for non-applicant No.2 (the complainant) and, therefore, Advocate Shri M.N.Ali is appointed as amicus curiae. Admit. Heard finally by consent.

(2.) The applicant has approached this court by invoking jurisdiction under Sec. 528 of the BNSS 2023 for quashing of FIR in connection with Crime No.17/2025 registered with the non-applicant No.1 police station for offences under Ss. 376(2)(n), 504, and 506 of the IPC and under Sec. 3(2)(v), 3(1)w(i), and 3(1)w(ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act), 1989 and consequent proceeding arising out of the same bearing Special Case No.49/2025 pending in Sessions Court at Chandrapur.

(3.) The crime is registered on the basis of a report lodged by the complainant who is aged about 34 years old on allegations that when she was taking education in the year 2015-2016, she got acquaintance with the applicant. Thereafter, friendship was developed between them and the said friendship subsequently was converted into love affair. In the year 2018, the applicant has proposed for marriage for which she consented. She also alleged that since then there was physical relationship developed between them. It is alleged by her that in the year 2018, when she was residing at Nagpur, as she was doing job, the applicant was visiting her room on various occasions and on the promise of marriage, he subjected her for forceful sexual assault. On the basis of the said report, the police have registered the crime against the applicant and investigation was was carried out. During the investigation, the complainant was referred for medical examination. Written statements were recorded. After completion of the investigation, chargesheet was submitted against the applicant.