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2025 Supreme(SC) 1969

B. V. NAGARATHNA, R. MAHADEVAN
Samadhan S/O Sitatram Manmothe – Appellant
Versus
State Of Maharasthra – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Sneha Sanjay Botwe, AOR Mr. Bharat S. Doifode, Adv. Mr. Siddharth S. Chapalgaonkar, Adv. Mr. Akash Tripathi, Adv. Mr. Ashraf Patel, Adv.
For the Respondent(s): Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Shrirang B. Varma, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Mr. Adarsh Dubey, Adv. Ms. Chitransha Singh Sikarwar, Adv. Ms. Radhika Gautam, AOR

JUDGMENT :

NAGARATHNA, J.

Leave granted.

2. Being aggrieved by the order dated 06.03.2025 passed by the Bombay High Court at Aurangabad in Criminal Application No. 601 of 2025 dismissing the application filed by the appellant under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking quashing of FIR No. 294 of 2024, registered with City Chowk Police Station, District Chhatrapati Sambhajinagar City on 31.08.2024, for the offences punishable under Sections 376, 376(2)(n) and 507 of the Indian Penal Code, 1860 (for short “IPC”), the appellant is before this Court.

3. We have heard learned counsel for the appellant, learned counsel for respondent No.1-State and learned Amicus Curiae, Ms. Radhika Gautham, for respondent No.2 as the latter has not responded to the notice issued and served on her.

4. Briefly stated the facts of this case as per the prosecution are that respondent No.2 had lodged a complaint with City Chowk Police Station, District Chhatrapati Sambhajinagar City, stating that she was married to a person ABC in the year 2019 and had a minor daughter out of the said wedlock. However, due to matrimonial discord with her husband and in-laws, she ha

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