Jitendrasingh Rameshsingh ... vs The State Of Maharashtra And Ors
2023 Latest Caselaw 8571 Bom

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                                                                               21.APL.873.2021(u).doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

            CRIMINAL APPLICATION (APL) NO. 873 OF 2021

Jitendrasingh Rameshsingh Parmar                                        .....Applicant
      Vs.
The State Of Maharashtra & Anr.                                         .....Respondents

Mr. Vipul Patil i/by Mr. Prashant Gavai for the Applicant. Mr. Ajay Patil APP, for the Respondent-State. Adv. Ekta Chaurasia for the Respondent No.2 Mr. Manikrao Kature, API, Bhayandar Police Station is present.

CORAM : NITIN W. SAMBRE & RAJESH S. PATIL, JJ

DATED : 22ND AUGUST, 2023 P.C.:

1. The prayer is for quashing of the FIR and consequential

charge-sheet in Crime No. 32 of 2021 registered on 05/02/2021

punishable u/s. 376 of IPC.

2. The genesis of the offence against the Applicant is, the

Applicant has contacted the Respondent No. 2/Complainant herein

on jeevansathi.com and under the promise of marriage

established physical relationship with the Respondent No.

2/Complainant on 19/01/2021 resulted into registration of the

offence.

3. The Respondent No. 2/Complainant - Miss Pooja Narendra

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Gupta is physically present in the Court and is identified by her

Counsel, Ms Ekta Chaurasia.

4. Learned Counsel for the Respondent No. 2/Complainant has

placed before us the Consent Affidavit as earlier Consent Affidavit

contained incorrect name of the father of the Complainant.

5. In the Consent Affidavit, it is stated by the Respondent No. 2/

Complainant that she is unaware about Marathi language and she

was not knowing about the allegation of rape as has been

mentioned in the complaint. According to her, she intends to file a

complaint of cheating and not the offence of rape u/s. 376 of IPC.

The Consent Affidavit is taken on record.

6. Learned APP, Mr. Patil has interacted with the Respondent

No. 2/Complainant-Miss Pooja Narendra Gupta who has stated

through him that she has voluntarily given the aforesaid Consent

Affidavit without any force or coercion and she intends to extend

the consent for quashing willfully.

7. In the aforesaid background, learned Counsel for the

Applicant submits that in view of the law laid down in the matter

of Gian Singh vs. State of Punjab and Another reported in

(2012) 10 SCC 303 and Narinder Singh & Ors. Vs State of

Punjab & Anr. reported in (2014) 6 SCC 129, no purpose will be

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served by keeping the present proceedings pending.

8. When confronted as to whether the prosecution in the

offence punishable u/s. 376 of IPC can be quashed by consent,

learned Counsel for the Applicant submits that he shall be

submitting appropriate judgments in support thereof by

23/08/2023.

9. Stand over to 23/08/2023.

            (RAJESH S. PATIL, J)                 (NITIN W. SAMBRE, J.)




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