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2025 Supreme(SC) 918

B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Amol Bhagwan Nehul – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sandeep Sudhakar Deshmukh, AOR Mr. Nishant Sharma, Adv. Mr. Ankur Savadikar, Adv. Mr. Viraj M. Parakh, Adv.
For the Respondent(s): Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Bharat Bagla, Adv. Mr. Amit Balasaheb Thorat, Adv. Mr. Nar Hari Singh, AOR

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The case involves allegations of sexual assault and related offenses, but the court found significant discrepancies in the complainant's conduct and the evidence presented (!) (!) .
  • The court noted that the relationship between the appellant and the complainant was consensual, with both parties being mature adults who interacted over a period of time, and the complainant continued her relationship despite alleged assurances of marriage (!) (!) .
  • The evidence did not substantiate that consent was obtained through inducement or misrepresentation, especially since the complainant had already obtained a Khulanama from her ex-husband prior to the alleged incident and was aware of her own marital status (!) .
  • There was no evidence of coercion or threats to the complainant, and her conduct, including visiting the appellant's native village without prior notice, suggested a state of agitation rather than victimization (!) (!) .
  • The court emphasized that a consensual relationship turning sour or partners becoming distant is not sufficient grounds for criminal prosecution, as such cases can burden courts and may unjustly tarnish an individual's reputation (!) .
  • The court highlighted that the allegations, even if accepted at face value, did not constitute a prima facie case of the offenses charged, and the delay in registration of the FIR further cast doubt on the veracity of the claims (!) (!) .
  • The court referred to legal principles that allow for the quashing of proceedings where allegations are inherently improbable, absurd, or motivated by mala fide intent (!) (!) .
  • Considering the appellant's young age and the absence of compelling evidence, the court found it in the interest of justice to quash the criminal proceedings and discharge the appellant, preventing undue hardship and potential abuse of the legal process (!) (!) .

Please let me know if you need a more detailed analysis or assistance with any specific aspect.


JUDGMENT :

SATISH CHANDRA SHARMA, J.

1. Leave granted.

2. This Appeal by special leave is directed against the Impugned Order dt. 28.06.2024 passed by the High Court of Judicature at Bombay in Crl. W.P. No. 3181 of 2023 whereby the Petition u/s 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking quashing of the Criminal Case C.R. No. 490/2023 dt. 31.07.2023 for offences punishable u/s 376, 376(2)(n), 377, 504 & 506 of the Indian Penal Code (hereinafter “IPC”) registered at Karad Taluka Police Station, Satara qua the Appellant was dismissed. Vide an amendment to the Petition, the Appellant also challenged the chargesheet filed on 26.09.2023 and the proceedings in RCC no. 378/2023 pending before the Additional Sessions Judge, Karad.

3. The Criminal Case C.R. No. 490/2023 dt. 31.07.2023 at Police Station Karad Taluka, Dist. Satara was registered at the behest of a Complaint filed by the Complainant/Respondent no. 2 alleging that during the period 08.06.2022 till 08.07.2023, the Appellant forcibly had sexual intercourse with her on the false assurance of marriage. The Complainant/Respondent no. 2 who had been previously married, had obtained Khulanama from her ex-husband and had b

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