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2023 Supreme(Bom) 2288

VINAY JOSHI, VALMIKI SA MENEZES
Moh. Abdul Rafique Khan – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
R.V.Gahilot, Advocate, V.A.Thakare, Advocate, Manish Shukla, Advocate

JUDGMENT/ORDER

VINAY JOSHI, J. - Heard.

2. Admit.

3. This is an application seeking to quash First Information Report vide Crime No. 138/2023 registered with Police Station Ganeshpeth, Dist. Nagpur for the offence punishable under Ss. 376(2)(n) and 377 of the Indian Penal Code, Ss. 3(1)(w)(i), 3(1) (ii), 3(2) and 3(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 along with related criminal case bearing RCC No. 138/2023 on account of merits as well as on settlement.

4. Informant lady aged 27 years has lodged report on 16/4/2023 which led to the registration of Crime. It is prosecution case that the informant was serving as Beautician. On 23/11/2018, she had attended an event, in which she accidentally got acquainted with accused/applicant. Both have exchanged phone numbers and then they were frequenting on phone. Friendship was developed which turned into love relationship. The applicant pretended himself to be unmarried. First time in the month of November 2018 in the Lodging House applicant promised her to marry and had sexual intercourse. In the year 2019 itself, she came to know that the applicant was married, having two grown up issues. She has

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