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2016 Supreme(Bom) 41

RANJIT MORE, ANUJA PRABHUDESSAI
Bharat Devdan Salvi – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Ms. Kshitija G. Sarangi for the Petitioner
Mr. S.S. Shinde, Mrs. S.V. Sonawane, Respondent/State
Mr. Satyavrat Joshi for the Respondent No. 2

JUDGMENT :

Anuja Prabhudessai, J.

Rule. Rule made returnable forthwith with the consent of the parties.

2. This is a petition filed under article 226 of the constitution r/w section 482 of the Code of Criminal Procedure for quashing the C.R. No.46 of 2015 registered with Bhosari Police Station, Pune, for the offences punishable under sections 376 and 417 r/w. 34 of the IPC.

3. The brief facts necessary to decide this petition are as under:-

The Respondent No. 2 who was to marry the Petitioner No.1 had lodged the FIR dated 15.2.2015 alleging that on 9.12.2014, the Petitioner No.1 had sexual intercourse with her against her will and without her consent. The Respondent No.2 further alleged that subsequently the Petitioner No.1 and his family members called off the marriage and thereby cheated her.

4. Ms. Kshitija Sarangi, the learned counsel for the Petitioners has submitted that the FIR does not disclose offence under section 375 or 415 IPC. She has submitted that the marriage was called off in view of the lack of compatibility between the Petitioner No.1 and the Respondent No.2. She has further submitted that the Petitioner Nos.2 to 7 being the family members of the Petitioner No.1 were p




























































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