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2025:BHC-NAG:14831-DB

Cri. APL908.24.odt 1/15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (APL)NO. 908/2024

1. Suresh Namdev Umale,

Aged about 44 years, Occ- Labour,

R/o. Deoulgaon, Sakarsha

Tq. Mehkar District Buldana

... APPLICANT

...VERSUS…

1. State Of Maharashtra,

Through Police Officer Janefal,

Buldana.

2. XYZ

Crime No. 208/2021

Police Station – Janefal, Buldana

...NON-APPLICANTS

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Mr. Sangram V. Sirpurkar, Advocate for applicant

Ms. Sneha S. Dhote, APP for non-applicant/State

Ms. Neerja G. Choubey, Advocate for non-applicant no.2.

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CORAM : URMILA JOSHI-PHALKE AND

NANDESH S. DESHPANDE, JJ.

RESERVED ON : 10 ^th DECEMBER, 2025.

PRONOUNCED ON : 23 ^rd DECEMBER, 2025.

Cri. APL908.24.odt 2/15

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 Hon’ble Court by filing the

present application under Section 528 of the Bhartiya Nagarik

Suraksha Sanhita, 2023, seeking quashing of the First Information

Report dated 08.06.2021, registered as Crime no. 208 of 2021 at

Police Station Janefal, District Buldana, as also chargesheet bearing

no. 64/2021 dated 14.09.2023 for offense punishable under Section

376, 376(2)(n), 313, 354 (a) and 506 of Indian Penal Code, 1860,

pending before the learned Judicial Magistrate First Class.

3. As per the case of non-applicant no.2 and reflected in First

Information Report, it is the case of non-applicant no. 2, that she is

a married woman presently residing separately from her husband

along with her son at her maternal home. While residing at her pa-

ternal home, she developed a love relationship with the present ap-

plicant. It is alleged that the applicant, on the pretext of a false

Cri. APL908.24.odt 3/15

promise to marry non-applicant No. 2, engaged in physical relations

with her. She further alleges that the applicant repeatedly came to

her house in her parents' field and forcibly engaged in physical rela-

tions with her against her consent on multiple occasions. As a result

of such alleged conduct, non-applicant No. 2 became pregnant and

carried the pregnancy for two and a half months.

4. On 29.05.2021, the applicant told non-applicant No. 2 that

he do not want her to carry the child and pressurized her to un-

dergo an abortion. Despite her repeated refusal, the applicant

threatened to kill non-applicant No. 2 and her son and took non-ap-

plicant No. 2 to Ekvira Hospital in Akola at, where the pregnancy

was terminated. Aggrieved by aforesaid conduct of applicant, non-

applicant no.2 lodged the Report which is challenged in the present

application.

5. We have heard Mr. Sangrm Sirpurkar, Advocate for appli-

cant, Mrs. Sneha Dhote, Additional Public Prosecutor for State and

Ms. Neerja Choubey, Advocate for non-applicant no. 2.

Cri. APL908.24.odt 4/15

6. The Learned Counsel for the Applicant submits that the appli-

cant has been unnecessarily prosecuted when in fact no offence un-

der Sections 376, 376(2)(n), 313, 354-A and 506 of the Indian Pe-

nal Code can be said to have been made out against the applicant.

7. It is further submitted that the relationship between non-ap-

plicant No. 2 and the applicant was consensual. Both non-applicant

No. 2 and the applicant were already married to their respective

spouse’s way before their love relationship even began. Therefore,

there could not be any false promise to marry and thus, there could

not be any offence under Section 376 of the Indian Penal Code

solely on the false promise to marry.

8. The Learned Counsel for the Applicant submits that there is

no medical evidence against the applicant and non-applicant No. 2

with her own consent has aborted her pregnancy. Non-applicant

No. 2 accompanied the applicant to Ekvira Hospital, Akola and un-

derwent the abortion proc