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HIGH COURT OF BOMBAY
Dr. Neela Gokhale, J
AMOL BHAGWAN NEHUL – Appellant
Versus
STATE OF MAHARASHTRA AND ANR – Respondent
| Table of Content |
|---|
| 1. allegations of rape based on forcible intercourse. (Para 4) |
| 2. arguments regarding consent and relationship dynamics. (Para 5) |
| 3. court's position on consent and relationship character. (Para 7 , 8) |
| 4. legal principles governing quashing of firs and victim testimony. (Para 9 , 10 , 11 , 12) |
| 5. final ruling against the petitioner. (Para 13) |
JUDGMENT ( Per Dr. Neela Gokhale, J. ) :-
2) The Petitioner seeks quashing and setting aside of C. R. No. 490 of 2023 dated 31st July 2023 registered at Karad Taluka Police Station, Satara, for the offense punishable under Sections 376 , 376(2)(n), 377, 504 & 506 of the Indian Penal Code, 1860 (“I.P.C.”). During pendency of the Petition, charge-sheet was filed by the Police officials on 26th September 2023 in the proceedings in R.C.C. No. 378 of 2023 pending before the Additional Sessions Judge at Karad. The Petitioner was given liberty to amend the Petition to challenge the proceedings which accordingly are also now assailed.
4) It is the case of Respondent No. 2 (“Complainant”) that, she has obtained Khulanama from her husband as per the practices of Muslim Religion. Her parents expired in 2021 during the Corona Pandemic. She reside
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