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2018 Supreme(Bom) 2820

T.V.NALAWADE, K.L.WADANE
Dhruvaram Murlidhar Sonar – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
N.P. Patil Jamalpurkar, Advocate, for the Applicants; M.M. Nerlikar, APP, for the Respondent No. 1/State

JUDGMENT

K.L. Wadane, J. - Rule. Rule made returnable forthwith. With the consent of the parties, this application is taken up for final disposal.

2. This application is filed by the applicants under the provisions of section 482 of the Code Criminal Procedure for relief of quashing of first information report No. 59/2000 registered with Mhasawad police station, District Nandurbar, for the offences punishable under section 376 2(d), 420 read with section 34 of the Indian Penal Code and under section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.

3. On 06.12.2000 the respondent No. 4 lodged the first information report stating that under false assurance of marriage, the applicant No. 1 kept physical relations with her and subsequently refused to marry with her.

4. We have heard the arguments of Mr. Patil-Jamalpurkar, learned counsel, appearing for the applicants, who submits that on bare perusal of the contents of the first information report, no provisions of section 376 of the Indian Penal Code are attracted. He further submits that there are no specific averments in the first information report that the applicant No. 1 had kept relations with re

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