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2025 Supreme(Online)(Bom) 249060

BOMBAY HIGH COURT
*Vibha Kankanwadi, Sanjay A. Deshmukh, JJ.
Madhukar s/o Babulal Chavan v. State of Maharashtra
Crl. Appl. No. 2561 of 2024



1. Both the matters are having connection with each other, hence, taken up together.

2. Criminal Application No.2561 of 2024 has been filed for quashing the FIR vide Crime No.302 of 2023 dated 20.11.2023 registered with Mehunbare Police Station, District Jalgaon for the offences punishable under S.324, S.141, S.143, S.147, S.149, S.452, S.323, S.504, S.506 of Indian Penal Code, whereas Criminal Application No.2185 of 2024 has been filed for quashing the proceedings in Sessions Case No.29 of 2024, pending before the learned Additional Sessions Judge, Jalgaon arising out of the FIR vide Crime No.304 of 2023 dated 21.11.2023 registered with Mehunbare Police Station, District Jalgaon for the offences punishable under S.376, S.354 - A, S.354 - D, S.509, S.506 of Indian Penal Code.

3. Heard learned Advocate Mr. R. M. Deshmukh for the applicants in Criminal Application No.2561 of 2024 and for respondent No.2 in Criminal Application No.2185 of 2024, learned Advocate Mr. A. V. Deshmukh for the applicant in Criminal Application No.2185 of 2024 and for respondent No.2 in Criminal Application No.2561 of 2024 and learned APP Mr. A. M. Phule for respondent No.1 / State in both the matters. In order to cut short, it can be said that all the Advocates have made submissions in support of their respective contentions.

4. The respondent No.2 in Criminal Application No.2561 of 2024 has lodged the FIR in respect of incident dated 19.11.2023 stating that all the applicants had formed unlawful assembly in front of her house and being member of such assembly assaulted the informant, her father and other members of her family by throwing chilly powder on their eyes. Her father was assaulted with sticks. The lady members from applicants had assaulted informant on her face. It was on the count that because of the father of respondent No.2, there was divorce of applicant No.3.

5. The respondent No.2 / informant in Criminal Application No.2185 of 2024 was aged 19 years on the date of FIR and submits that she used to go for agricultural labour work in the field of one Prabhakar Laxman Pawar i.e. father of respondent No.2 in Criminal Application No.2561 of 2024. The prosecutrix has stated that she was doing labour work for about two years. Then in the beginning of 2022, when she had gone for sowing onion in the field of accused Prabhakar, he had caught hold of her and asked her that she should meet him alone. She refused, but then he was insisting by giving phone call to her that she should meet him. On one occasion, when the prosecutrix was working in his field, at that time, wife of accused Prabhakar sent the prosecutrix to bring water bottle from the house. At that time, accused was present in the house. After latching the door, he had fondled with the body of the prosecutrix. When she tried to resist, he gave her threats to kill. He was intentionally giving calls and forcing her to speak to him. Thereafter, he used to call her in the house and used to have forcible sexual intercourse with her. Due to the poor financial condition, she had not told anything to anybody and was hoping that it will stop after she gets married. Even in November 2022, when she had gone to college, at that time, she was forcibly taken on a lodge and he had taken photos and videos when they were indulged in sexual act. However, in February 2023, she got engaged and then she blocked the number of the accused. Thereafter, on a day when she was coming from her college, the accused had come in four wheeler, asked her to stop as he wants to speak to her, but then she told that she has now been engaged and he should not contact her. By giving threats to make photos and videos viral, he made her to sit in the car and thereupon she was taken to a lodge, where the accused had performed forcible sexual intercourse with her. The prosecutrix got married on 16.05.2023 and went to her matrimonial home. Even after one and half month, she received message from accused stating that he wants to









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