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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (APL) No.844 OF 2024

Mr. Palash s/o. Bhavrao Kotangale,

Age 27 years,

Occupation : Govt. Servant,

R/o. Shivaji Nagar, Pauni, Taq. Pauni,

Distt. Bhandara 441 910. : APPLICANT

...VERSUS...

1. The State of Maharashtra,

Through PSO, Pauni, Tah. Pauni,

Distt. Bhandara 441 910.

2. Miss. X.Y.Z. : RESPONDENTS

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Mr. Rahul D. Gulhane, Advocate for Applicant.

Mrs. Shamsi Haider, Additional Public Prosecutor for Respondent No.1.

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CORAM : URMILA JOSHI-PHALKE AND

NANDESH S. DESHPANDE, JJ.

RESERVED ON : 17 ^th DECEMBER, 2025.

PRONOUNCED ON : 24 ^th DECEMBER, 2025.

JUDGMENT : (Per : Nandesh S. Deshpande, J.)

1. Heard. Admit. Heard finally by consent of learned

counsel appearing for the parties.

2. The applicant has approached this Court by filing the

present application under Section 482 of the Code of Criminal

Procedure, 1973, seeking quashing of the First Information Report

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(for short "FIR") dated 02.05.2022, registered as Crime No.

119/2022 at Police Station Pauni, District Bhandara, as also for

quashing of chargesheet dated 05.07.2022 registered as

Charge-sheet No.87/2022 under Section 376 (2)(n) of Indian Penal

Code, 1860 (for short "IPC"), pending before learned Principal

District Judge, Bhandara in Session Case No.88/2022.

3. As per the case of respondent No. 2, and as reflected in

the First Information Report dated 02.05.2022, The present

applicant and respondent No.2 are relatives who became

acquainted through Instagram. On 07.06.2020, the applicant asked

for the mobile number of respondent No. 2, following which they

began texting. Subsequently, a romantic relationship developed

between them. Further it is alleged that in the month of June 2020,

respondent No. 2 went to her uncle's home located at Chapral

(Soni). While talking on call, the present applicant expressed his

feelings for respondent No.2 whereupon respondent No. 2 asked

"do you love me?", "will you marry me?", to which the present

applicant answered and said he wants to marry respondent No. 2.

4. Thereafter, on 19.11.2020, at afternoon 12:00 p.m.,

respondent No.2 visited with the applicant at Wahi Lake by

four-wheeler of the applicant and while seating in the car, the

applicant was demanding for sexual favours, wherein respondent

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No. 2 denied for the same saying that they haven't got married yet.

The applicant promised to marry her and stated that he will not

leave respondent No. 2 in any circumstances. Further, on

25.03.2022, between 12:00 pm to 03:00 pm, respondent No.2 and

the applicant came to the Buddhist monastery by four-wheeler for

discussing about marriage, wherein the applicant had promised to

get married with respondent No. 2 and further, had demanded for

physical relation. In the result, the applicant had physical relation

with respondent No. 2 in the car of the applicant, and since then

the applicant was regularly having physical relation with her. It is

further alleged that on 23.04.2022, respondent No. 2, while talking

as usual on call with the applicant, asked about marriage to the

applicant, wherein he denied to marry since his parents are not

ready for marriage with non-applicant No.2. Aggrieved by this

respondent No.2 filed report which is challenged in the present

application.

5. We have heard Mr. Rahul D. Gulhane, learned counsel

for the applicant and Mrs. Shamsi Haider, learned Additional Public

Prosecutor, for respondent No. 1/State.

6. The learned counsel for the applicant submits that the

First Information Report itself reveals that the present applicant and

respondent No. 2 were acquainted with each other and thereafter

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fell in love, and under the impression of a promise of marriage, the

applicant and respondent No. 2 had physical relation. This denotes

that consensual