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2022 Supreme(Bom) 1965

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Shaikh Pasha – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Amol R.Gaikwad, Advocate, R.D.Sanap, Advocate, Chaitanya V.Dharurkar, Advocate

JUDGMENT

ABHAY S.WAGHWASE, J. - The FIR at the instance of respondent no.2 bearing No. 182 of 2020 registered with Peth Beed Police Station, Taluka and District Beed for the offence punishable under Ss. 376 and 506 of the Indian Penal Code (for short, "IPC") and the consequential proceedings arising out of it, are both sought to be quashed by the applicants herein praying to invoke inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure (for short, "Cr.P.C.").

FACTS IN BRIEF

2. Respondent no.2 set law in motion informing Peth Beed Police Station that the accused-applicant was a friend of her husband and was regularly accompanying her husband to their house. Accused-applicant was taking chances to talk to her on one or other count. According to informant, in September-October 2015, finding her alone in the house, he entered the house on the pretext of some talks and then threatened her and had forcible intercourse with her. According to her, because of the threats, she did not inform anyone. For the entire year 2015-2016, taking disadvantage of her loneliness in house, he used to have forcible sexual intercourse. According to her, her husband suspected about it

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