JUDGMENT

Vibha Kankanwadi, J. (Oral) - Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. Present application has been filed invoking the powers of this Court under section 482 of Code of Criminal Procedure, 1973 for quashing and setting aside the First Information Report No. 33 of 2016, dated 18-07-2016, registered with Paradh Police Station Tq. Bhokardan Dist. Jalna for the offences punishable under Section 376 (b), 323 of Indian Penal Code.

3. The present applicant is a teacher serving with Janata Secondary and Higher Secondary High School Paradh. Respondent No.2 is his ex-wife. Applicant got married to the informant on 04- 06-1994. They have a daughter presently aged 22 who is taking education at Lonar Dist. Buldhana. The applicant contends that, after the marriage, respondent No.2 cohabited with him till 1996 at Mahagaon Tq.Risod Dist. Washim.

Dispute arose between them within two years. As a result of which she had filed complaint under Section 498(A) of Indian Penal Code against the applicant and also for maintenance. She had filed divorce petition also in the year 1999 bearing Hindu Marriage Petition No.34 of 1999 before Civil Judge Senior Division, Washim. Applicant appeared in the matter and compromise took place, they decided to part and a compromise pursis was filed giving consent for the divorce. He had paid amount towards full and final settlement in respect of maintenance. The informant had agreed that, she will not claim any kind of right as a wife in a husband''s property. The custody of the daughter was given to the mother. The applicant had taken the responsibility of incurring expenses for the marriage of the daughter. As per the compromise, the decree for divorce was passed on 30-10-1999 and since then they are residing separately. Informant has availed various facilities under the scheme for divorcee. She is also getting monthly payment under ''Sanjay Gandhi Divorce Women Scheme''. She has her own house at Yewati Tq. Lonar Dist. Buldhana. She is also member of Grampanchayat since 2012. Unless she is a permanent resident of the said village, she cannot become a member of the Grampanchayat. Certificate in respect of her residence has been filed. With this background the applicant contends that, FIR came to be lodged by the respondent No.2 against him i.e. vide Crime No. 33 of 2016 for the offences punishable under Section 376 (b), 323 of Indian Penal Code. The applicant has contended that, contents of the said FIR are false and fabricated. There is absolutely no relation between him and the respondent No.2 after the divorce decree. It has been falsely contended in the FIR that, since 2008 to 2016 the applicant has kept sexual relations with her by giving promises. With this background the FIR is belated by about eight years. It is contended that, as per the compromise the applicant is ready to incur the expenses for the marriage of daughter but respondent No.2 is demanding lump sum amount of Rs. 15 lakhs for marriage which is very much higher. The FIR has been filed with malafied intention and therefore he prays for quashing of the same.

4. Heard learned advocate Mr. M. S. Shaikh for the applicant, learned Addl. Public Prosecutor Mr. S. J. Salgare for State - respondent No.1 and learned advocate Mr. R. P. Raut for respondent No.2. Perused the police papers and the documents produced by the applicant. All the concerned advocates submitted their arguments in support of their respective contentions.

5. It is to be noted that, informant has stated in the FIR that, after marriage she was treated properly for about two years by the applicant, and thereafter, he started harassing her on the ground that, she should bring amount to be given for his service. She did not bring that amount and thereafter she was evicted. She gave complaint under Section 498-A of Indian Penal Code in 1996, applicant was convicted and was sentenced to suffer imprisonment for three months and fine