MOHD. MUZAMMIL RAGHIB S/O MOHD. AJMAL RAGHIB Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-3-285
HIGH COURT OF BOMBAY
Decided on March 24,2017

Mohd. Muzammil Raghib S/O Mohd. Ajmal Raghib Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

B.R.GAVAI,J. - (1.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.
(2.) By way of present application, the applicant has approached this Court with a prayer for quashing and setting aside the first information report arising out of the complaint lodged by non-applicant No. 2 against him vide Crime No. 210/2016 with the Police Station Juni Kamptee, Nagpur for the offence punishable under Section 376 of the Indian Penal Code.
(3.) Upon perusal of the first information report would reveal that the report is lodged by non-applicant No. 2 stating therein that she was married to one Nazir Ahmed Qureshi in the year 2006 and one son is also begotten from their relationship. In the year 2013, she was divorced by said Nazir Ahmed Qureshi and since then, she along with his son is residing at Kamptee. It is further stated in the F.I.R. that in the month of November, 2014, when the first informant had gone to a mobile shop for recharging her mobile, the applicant, who was present at the mobile shop, had noted her mobile number and after she leaving the mobile shop, he made a phone call on her mobile and expressed his interest in her. It is further stated in the report that despite of the first informant informed that she is a divorce, the applicant insisted her and still shown his interest in her. It is also stated that the relationship was developed between them and thereafter they used to meet each other in an empty house of the father of the applicant. It is further stated that in the month of November, 2015, on the false pretext that applicant would marry her, the applicant forced the first informant to have a physical relationship with her and thereafter he developed physical relations with her. However, after 16th September, 2016, the applicant stopped contacting the first informant.;


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