The court emphasized the need to prevent abuse of the legal process and ensure that the exercise of inherent powers under Section 482 of Cr.P.C. serves the ends of justice.

JUDGMENT :

ABHAY S. WAGHWASE, J.

1. Present proceeding is at the instance of applicant with prayers for quashing charge-sheet as well as FIR bearing No. 30/2018 registered at the instance of respondent no. 2 at Nava Mondha Police Station, District Parbhani, i.e. by invoking provisions under Section 482 of Cr.P.C.

2. Respondent no.2 herein approached Nawa Mondha Police Station on 30.01.2018 alleging that she is married and had a son and a daughter and she had also lost her husband on 18.03.2017 because of ailment of cancer.

Informant claims that on 13.07.2017 at 10.00 p.m. while she was in her house with her children, accused-applicant entered her house on the pretext of drinking water and when she went inside, he followed her, embarrassed her and by brandishing knife and issuing threats to kill, he had forcible sexual intercourse with her. She further informed that accused threatened to kill her children if she informs any one. According to her, so to save her children, she did not raise hue and cry. Thereafter repeatedly, under influence of liquor, he used to come to her, threaten to defame her and against her wish had forcible physical relations with her. She also informed that once accused-applicant came with a demand of money and when she informed that she had no money, that time he beat her and forcibly took out her gold ornaments from the cupboard saying that ‘why she needs ornaments when she is a widow’ and took the ornaments informing that he would mortgage it to the jeweller to raise money. According to her, accused continued to harass her and have forcible sexual relations with her. On 20.12.2017 he entered her house at 11.00 p.m. and when she resisted, he beat her and ransacked the house and by threatening to kill the children, he again raped her. She claims that when she informed it to her parents, at that time accused went away. He again indulged in aforesaid acts and therefore getting fed up of his such conduct and behaviour, she claims that she approached police and set law in motion.

On the strength of FIR at her instance, Nava Mondha Police registered crime for offences punishable under Sections 376, 406, 427, 323, 506 of the Indian Penal Code (for short, “IPC).

By way of present application, accused-applicant has prayed for quashment of the above FIR and the consequential proceeding by invoking the inherent power of this Court under Section 482 of Cr.P.C.

SUBMISSIONS

3. Learned counsel for applicant pointed out that instant FIR is apparently belated, false and full of baseless allegations. He invited our attention to the FIR and submitted that informant is a widow having two children and moreover, she resides in a thickly populated locality. She was acquainted with accused applicant since long. Whatever relations developed between herself and the applicant were nothing but consensual one. Subsequently, with oblique motive, false allegations are levelled against the applicant. He would submit that informant herself extended financial help to the applicant-accused as and when situation arose i.e. by mortgaging her ornaments. This she did only because of close relations. Statement of the jeweller is recorded by investigating machinery and he pointed out that it is evident from the same that said transaction of mortgage for raising money was at her own instance. However, subsequently with sole intention of falsely implicating applicant, she has alleged in the FIR that accused forcibly took away her ornaments and gave it to the jeweller for raising money.

It is his next submission that FIR is silent as to when exactly the alleged instances of forceful physical relations took place and as such, the FIR and allegations therein are vague and omnibus in nature. He would strenuously submit that alleged forceful sexual relations on knife point to a full grown lady in her own house is not possible and therefore such allegations are false and afterthought.

It is his next submission that even going by the FIR, prima facie it is clea