GOKUL BABAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant seeks quashment of FIR in Crime No.252/2025 registered with Police Station CIDCO, Tq. and Dist. Chhatrapati Sambhajinagar for offences punishable under Ss. 64, 64(2)(m) 69 of Bhartiya Nyaya Sanhita, 2023 and consequential proceedings in Regular Criminal Case No.2013/2025 pending before Judicial Magistrate First Class at Aurangabad.

(2.) The investigation was set in motion on information given by respondent no.2 alleging that she married with one Anil, resident of Jalna. However, on third day after marriage she came to know that her husband had love affair since before their marriage. Hence, she left company of her husband. Since March-2024 she is serving at MGM Hospital. She was also preparing for recruitment in Police Department. In that process, she got acquaintance with applicant/accused. They used to practice in premises of University. She developed love affair with applicant/accused. She had informed applicant about her marriage. However, applicant started residing with her. He developed physical relationship under pretext that he would marry with her. The relationship continued while they were residing together. In January 2025, applicant got recruited in Maharashtra Home Guard. However, he continued to reside with applicant for 3 to 4 days a week.

(3.) On 14/3/2025, she noticed that applicant chatting with a lady through mobile application. When she questioned about lady, applicant replied that she is his friend. On that count, there was quarrel between informant and applicant. Thereafter, applicant introduced her to his grandmother and promised that he would marry her. The applicant's grandmother consented for the same. However, applicant discontinued relationship with informant and refused to marry under pretext that his family members are not ready to accept marriage. It is accordingly alleged that applicant raped on her. The aforesaid information has been culminated into registration of Crime No.252/2025 with Police Station CIDCO. Eventually, investigation was progressed leading to filing of charge-sheet no.376/2025. Presently Regular Criminal Case No.2013/2025 is pending before Judicial Magistrate First Class at Aurangabad.