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2017 Supreme(Bom) 579

S.S.SHINDE, K.K.SONAWANE
Baburao V. Nair (Baburaj V. K. Nair) – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicants : Mr. V.D. Salunke and Mrs. Chaitali R. Chaudhari Kutti.
For the Respondents: Mr. S.J. Salgare and Mrs. Ranuka Ghule.

JUDGMENT :

S.S. SHINDE, J.

1. Heard.

2. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

3. This Application is filed with prayer to quash and set aside the First Information Report vide Crime No. 118/2016 registered with Harsool Police Station, Aurangabad, for the offence punishable under Section 376 of the Indian Penal Code.

4. The learned counsel appearing for the applicant submits that, the applicant is reputed and married person. He has housewife and two children, aged 13 and 18 years respectively. He is only bread earner in the family. It is submitted that, wife of the applicant filed complaint against respondent no. 2 on 20th March, 2016, alleging that, respondent no. 2 is threatening to file false complaint against applicant and his wife. The said complaint was registered as N.C. Again on 23rd March, 2016, the wife of applicant was required to approach to the Deputy Commissioner of Police due to threat given by respondent no. 2 that, she is going to file false complaint against the applicant as well as his wife. On 12th April, 2016, the applicant had given detailed application to the Commissioner of Police, stating that, respondent no. 2 is





















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