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2022 Supreme(Bom) 1933

SUNIL B. SHUKRE, M. W. CHANDWANI
Devendra Vikas Pawar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
B.D.Sachdev, Advocate, S.S.Doifode, Advocate, C.F.Bhagwani, Advocate

JUDGMENT

M.W.CHANDWANI, J. - Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.

2. By this proceeding, the applicant invokes inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C." for short) praying to quash and set aside the criminal proceedings i.e. Special Case No.543/2022 for the offence punishable under Ss. 376(1)(2)(f)(n) and 506 of the Indian Penal Code filed pursuant to First Information Report No.840/2021 registered at Police Station Jaripatka, Nagpur.

3. The facts germane to dispose of the application are as under :

    Non-applicant No.2, who is a mother of two children aged about 16 and 14 years old, was residing separately from her husband. She came in contact with the applicant through social media. They developed friendship with each other. The applicant invited non-applicant No.2 to Jalgaon. On 30/09/2017, the applicant received her at Jalgaon Railway Station and took her at his friend's house. They had dinner there. After talking for some time, the applicant tried to have intercourse with non-applicant No.2, but she refused him. Anyhow, the appli

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