B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Amol Bhagwan Nehul – Appellant
Versus
State of Maharashtra – Respondent
Certainly. Based on the provided legal document, here are the key points:
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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
State of Haryana Vs Bhajan Lal
Naim Ahmed Vs State (NCT) of Delhi (2023) SCC Online SC 89 [Para 9] – Relied.
Rape – Misconception of fact – A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of State.
The inherent powers of the court can quash criminal proceedings when the victim expresses no desire to proceed, especially following reconciliation and marriage, despite serious charges under IPC.
The crucial ingredients of the offence under Section 375 IPC were not established, and the High Court dismissed the application under Section 482 of Cr.P.C. on a completely misconceived basis.
Quashing of criminal proceeding – Court will not be justified in embarking upon enquiry as to reliability or genuineness or otherwise of allegations made in FIR or complaint.
The court affirmed that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly, and quashing of proceedings is not warranted unless allegations do not constitute a cognizable ....
The court ruled that allegations of rape under Section 376 IPC were not established, allowing quashing of the FIR based on the consensual nature of the relationship and the parties' subsequent marria....
Rape – Consensual sex between two adults is not rape.
The court emphasized that inherent powers under Section 482 of the Cr.P.C. should be exercised cautiously, allowing investigations unless no cognizable offence is disclosed.
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