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2022 Supreme(Bom) 1719

MANGESH S. PATIL, ABHAY S. WAGHWASE
Shyjeesh K. Thomas – Appellant
Versus
State of Maharashtra, Through City Police Station, Shirpur – Respondent


Advocates Appeared:
For the Applicant : Mr. Harshal P. Randhir.
For the Respondent: Mr. S.J. Salgare, APP, Mr. Vikrant P. Raje.

JUDGMENT :

Abhay S. Waghwase, J.

1. By invoking provisions under section 482 of the Code of Criminal Procedure (for short, “Cr.P.C.”), applicant herein is seeking quashment of crime bearing no. 63 of 2020 registered at City Police Station Shirpur, along with consequential charge-sheet bearing no. 30 of 2020 giving rise to Sessions Case No. 57 of 2021 on the file of the learned Sessions Judge, Dhule.

2. Brief facts of the case are as under :-

Respondent No.2 herein approached the learned Judicial Magistrate First Class, Shirpur by invoking powers under section 156(3) by way of private complaint no. 231 of 2020.

The sum and substance of private complaint is that respondent no.2 (complainant herein) joined as a teacher in R.C. Patel English Medium School, Holnathe, Shirpur since 1st November 2017. In the same year, accused too joined as a ‘Computer Teacher’ in the same school since such date. Complainant alleged that she had two children. According to her, accused promised to marry her and also to take all her responsibilities. She accepted the proposal. However, without fulfilling the promise of marriage, time to time on false assurance of marriage, applicant forcibly maintained physical

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