The court ruled that allegations of abetment and rape were not substantiated against the applicant, emphasizing the necessity of intentional instigation or aiding in the commission of an offence.

JUDGMENT :

S.G. Chapalgaonkar, J.

1. The applicant has approached this Court under section 482 of the Criminal Procedure Code for quashment of the First Information Report in Crime No.78 of 2023 dated 3.2.2023 registered with Police Station Ambad, District Jalna for the offences punishable under section 376, 376 (2)(n), 506 r/w 34 of the Indian Penal Code (for short IPC) as well as consequential charge-sheet in R.C.C. No.157 of 2023 filed before the Judicial Magistrate First Class, at Ambad, District Jalna.

2. Respondent No.2 lodged a report dated 3.2.2023 alleging that her family is involved in agriculture, whereas since last three years she was working as a Nurse at ‘Jamuvant Hospital’. On 10.1.2022 at about 4.30 p.m. while she was resting on arm chair, accused Tukaram Tarde, who runs a medical shop abutting to Jamuvant Hospital, approached her and said that he likes her. The informant slapped him and also reported incident to Dr Pankaj Bhojane (applicant/owner of the hospital). However, he ignored while putting blame of incident on her, therefore, she did not disclose the incident to anyone. Later on, applicant/accused gained her confidence and made her to believe that wife of Tukaram Tarde is insane, he would take divorce and marry with her. It is further alleged that since applicant is her relative, she believed him. After 8 to 10 days, accused Tukaram Tarde gained her trust and impressed upon her that he is taking divorce from his wife and willing to marry with her. He took her to Pathology Lab situated in backyard of the hospital and established physical relations under the pretext of marriage. The applicant kept watch outside the Lab and facilitated act of accused Tukaram. Further, the applicant/accused assured her that he will support her relationship with the accused Tukaram. It is alleged that since then, accused Tukaram Tarde continued sexual relationship with her. Accused Tukaram Tarde as well as applicant were assuring her that accused Tukaram would marry with her. She persuaded accused Tukaram to perform marriage at the earliest. On 29.1.2023, he assured to marry her. In that night both stayed in the house of Tukaram at Jamkhed, where he continued to engage in sexual relationship with her till 1.2.2023. Since she had left home without informing her father, a missing report was lodged at police station Ambad. In pursuance of such report, police reached at Tukaram’s home and took them to police station Ambad, however, due to threats given by Tukaram, she did not lodge report against him. In pursuance of assurance of marriage by accused Tukaram, she recorded her statement accordingly. However, she complaints that accused Tukaram Tarde repeatedly committed rape on her which was abetted by the applicant, who use to keep watch to make safe passage for such relationship.

3. In pursuance of the report, crime no.78 of 2023 has been registered with police station Ambad against both accused persons for aforesaid offences. On completion of investigation, charge-sheet no.77 of 2023 dated 1.4.2023 is filed before the JMFC, at Ambad.

4. Mr. Rajebhosale, learned advocate appearing for the applicant submits that applicant has been falsely implicated in the aforesaid crime. He would submit that it is a case of consensual sexual relationship between respondent no.2 and accused no.1. Respondent no.2 voluntarily maintained her sexual relationship with accused no.1 for a period of one year and lastly filed false report implicating the applicant as co- accused. He would submit that allegations in FIR are regarding sexual relationship is only against accused no.1 where as applicant is alleged to have abetted commission of offence. Mr. Rajebhosale would submit that owing to Grampanchayat dispute applicant has been falsely implicated. He would submit that respondent no.2 had voluntarily left home with accused no.1 and stayed with him till they were apprehended by the police on missing report by father of respondent no.2. Mr. Rajebhosale would