The Bombay High Court bench comprising of Justices A.S. Gadkari and Rajesh S. Patil quashed an FIR registered in 2014 against a 69-year-old businessman and former Daund Municipal Council President, for offences under Sections 376, 417, 506 of the IPC and Section 3(1)(xii) of the SC/ST (Prevention of Atrocities) Act.
The complainant had alleged that the accused, then Secretary of a school, exploited her financially and physically on the false promise of marriage, resulting in the birth of two children. She also accused him of caste-based harassment. The accused counsel argued that the complaint was politically motivated and filed with mala fide intent, especially since she had earlier pursued cases under the Domestic Violence Act and Section 125 CrPC claiming to be his wife contradictory to her later allegations of rape.
The Court noted an unexplained delay of 18 years in lodging the FIR, contradictory stands taken by the complainant, and lack of substantive evidence. Referring to the Supreme Court’s principles in Bhajan Lal and Abhishek v. State of MP, AIR 1992 SC 604, the bench held that the FIR was manifestly attended with mala fides and filed to harass the accused. Consequently, the was quashed.
Cases Relied on
State of Haryana v. Ch. Bhajan Lal, AIR 1992 SC 604
Abhishek v. State of Madhya Pradesh, (2023) 16 SCC 666
Appearances:
Petitioner/Accused : Ms. Rucheeta Dhuru
Respondent-State : Smt. Prajakta P. Shinde.
Respondent 2: Ms. Pranita P. Hingmire, appointed Advocate
