Consensual nature of the relationship and the request for quashing by the respondent influenced the court's decision to quash the FIR and set aside the charges.

JUDGMENT

PRITHVIRAJ K.CHAVAN,J. - At the outset, learned Counsel for the petitioner seeks leave to amend to mask the name of the prosecutrix, not only in the clause title but wherever it appears in the petition and replace it with an alphabet.

2. Leave granted. Amendment to be carried out forthwith.

3. Heard learned Counsel for the parties.

4. Rule. Rule is made returnable forthwith, with the consent of the parties and the petition is taken up for final disposal. Mr. Saste, learned APP waives service on behalf of respondent nos. 1 and 3 and Ms. Nagda, learned Counsel waives service on behalf of respondent no.2.

5. By this petition, preferred under Sec. 482 of the Code of Criminal Procedure, 1973, the petitioner seeks quashing of the FIR bearing C.R. No. 0204 of 2021 registered with the N.R.I. Coastal Police Station, Navi Mumbai under Ss. 376, 376(2)(h), 376(2) (n) of the Indian Penal Code (for short "I.P.C"). Quashing is sought on the premise that the parties have amicably settled their dispute.

6. Facts of the case are summarized as follows :-

7. The petitioner is a partner in a construction company, having business under the name and style as Armus Galicia at Ulve, Navi Mumbai. The petitioner is married and has two sons. The respondent no.2 is a divorcee with a 5 years old son.

8. There was a vacancy of Sales Manager in the office of the petitioner's company. The respondent no.2 had applied for the said post. The respondent no.2 was interviewed by the petitioner and his brother and was appointed for the said post.

9. The petitioner and the respondent no.2 came in close contact, became intimate and ultimately entered into live-in-relationship since December 2020. The proposal for the said relationship was put-forth by the petitioner, to which the respondent no.2 readily agreed. The petitioner thereafter, promised the respondent no.2 that he would marry her despite he already being married with two sons. They had physical relationship with one another on several occasions during their live-in-relationship. Since the petitioner was not behaving properly with the respondent no.2, she discontinued her relations and, obviously, lost her job also.

10. However, the petitioner reestablished his contact with the respondent no.2 on 29/1/2021 and requested her to resume relationship and that he would not abandon her. He again promised that he would definitely marry her. The relationship again continued between the petitioner and the respondent no.2, resulting into her pregnancy.

11. It appears that since the petitioner did not want a child from the respondent no.2, he took her to the clinic of one Dr. Priti Chalani at Vardhman Clinic, Babaji Complex Building, Sector 46/A, Seawood, Navi Mumbai on 9/8/2021. After conducting medical examination, sonography etc. she was given some pills by the doctor. On 19/8/2021, while she was admitted at Ashwini Hospital, she had profused bleeding and was quite unwell. The respondent no.2, therefore, called the petitioner but he did not pick up her phone. On the contrary, respondent no.2 received a whatsapp message from the petitioner's wife stating "mere husband ko mat call karna kabhi". Thereafter, the petitioner blocked her number.

12. The respondent no.2 was not willing to leave the company of the petitioner. However, the petitioner's friend namely, Dhiraj informed the respondent no.2 that the petitioner cannot accept her responsibility and he would not be in a position to stay with her. Ultimately, the respondent no.2 approached the N.R.I. Coastal Police Station, Navi Mumbai and lodged an FIR against the petitioner for the alleged offences as above.

13. After registration of the FIR, investigation continued resulting into filing a charge-sheet against the petitioner in the Court of J.M.F.C.-1, Panvel, Dist. Raigad.

14. The parties have now decided to give a quietus to the entire dispute and, therefore, the respondent no.2 has sworn an affidavit, dtd. 26/10/2021 before the Additional Registrar of this