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2025:BHC-NAG:14863-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (APL)NO. 152/2023

1. Hemant S/o Manohar Meshram,

Aged About 27 years, Occu : Student,

R/o. Shivam Colony, Ward No. 89

Near Lalit Kirana, Old Water Tank

Lohara Bypass, Yavatmal,

Tq. & Distt. Yavatmal.

... APPLICANT

...VERSUS…

1. State Of Maharashtra,

Through its Police Station Officer,

Police Station Gittikhadan,

Nagpur, Distt. Nagpur.

2. XYZ (Victim) in crime bearing First

Information Report No. 417/2022

registered at Police Station

Gittikhadan, Tq. & Distt. Nagpur

...NON-APPLICANTS

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Mr. Tejas S. Deshpande, Advocate for the applicant

Mr. M. J. Khan, APP for the non-applicant/State

Mr. Amol Hunge, Advocate (Appointed) for the non-applicant no. 2

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CORAM : URMILA JOSHI-PHALKE AND

NANDESH S. DESHPANDE, JJ.

RESERVED ON : 15 ^th DECEMBER, 2025.

PRONOUNCED ON : 23 ^rd DECEMBER, 2025.

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JUDGMENT (PER : NANDESH S. DESHPANDE, J.)

Heard. Admit. Heard finally with the consent of learned

Counsel for the parties.

2. The applicant has approached this Court by filing the present

application under Section 482 of the Criminal Procedure Code,

1973 for quashing and setting aside the First Information report as

well as Final Report bearing Crime No. 417 of 2022 registered with

the police station Gittikhadan, Nagpur City. He further, prays for

quashing of the charge sheet bearing no. 136/2022 for commission

of offence punishable under Section 376(2)(n) of Indian Penal

Code, 1860.

3. As per the averments in the First Information Report the non-

applicant no. 2/ victim lodged a report stating that she got married

with one Nitin Surpam in the year 2020, but in the year 2021 since

there was a matrimonial discord, there was a divorce between the

victim and her husband. She further states that in the moth

February, 2022 she got acquainted with Hemant Manohar Meshram

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that is the present applicant through social media. Mobile numbers

were exchanged amongst them and the acquaintance developed

into a love relationship. She further states that the applicant was

repeatedly insisting her to meet him personally, due to which the

complainant came to Nagpur on 21.04.2022 and met the applicant.

The applicant in turn took her to Police Line Takli at the house of

his friend, and expressed his love towards her and tried to develop

physical proximity with her. On the pretext of performing marriage

with her, the applicant committed sexual intercourse with the

complainant against her wish.

4. It is further stated in the First Information Report that even

thereafter, the complainant as also the applicant were having

telephonic conversation amongst them. In the month of July, 2022

it was realised by the complainant that she is pregnant. On realising

this, the complainant informed the applicant about the same and

requested him to get married. However, the applicant insisted the

complainant to abort the pregnancy. The complainant, therefore,

informed about the entire episode to her father and brother and

then it was decided that a meeting would be arranged to sought out

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the issue. In the said meeting which ensued, it was decided that

they would perform marriage. In fact garlands were exchanged

amongst them however, thereafter, the applicant flatly refused to

perform the marriage which prompted the complainant to lodge the

First Information Report in question which is challenged in the

present application.

5. We have heard Mr. Tejas S. Deshpande, learned counsel for

the applicant as also Mr. M. J. Khan, learned APP for the non-

applicant/ State and Mr. Amol Hunge, learned counsel (appointed)

for the non-applicant no. 2.

6. The learned counsel for the applicant by taking us though the

First Information Report and the consequent charge sheet