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2022 Supreme(Bom) 1633

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Siddhodhan alias Shudhodan s/o Namdeorao Kurule – Appellant
Versus
State of Maharashtra, through the Officer Incharge, Nava Mondha Police Station – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. Rajendra S. Deshmukh, Senior Advocate i/by Mr. Devang R. Deshmukh,
For the Respondent:Mr. M. M. Nerlikar, APP, Mr. P. N. Kalani, Advocate

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

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