JUDGEMENT
M.W.CHANDWANI,J. -
(1.)Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.
(2.)This is an unfortunate case, wherein out of family feud, wild allegations have been leveled against a father and a brother by the prosecutrix of rape on her. The applicant, who is father of the prosecutrix, by this application seeks to invoke inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C." for short) for quashing criminal proceedings filed pursuant to F.I.R. No.619/2022, whereby offence under Sec. 376(1), 506 read with Sec. 34 of the Indian Penal Code came to be registered against the applicant and his son Varun Deshpande.
(3.)Criminal law put into motion on 16/05/2022 when the F.I.R. came to be lodged by the prosecutrix with the Police Station Hinganghat. The prosecutrix alleges in F.I.R. that she resides with her parents including the applicant and her brother. On 27/07/2021, when her mother went to lodge false complaint against the prosecutrix, at that time, the applicant forcefully committed rape on the prosecutrix. The prosecutrix informed this fact to her mother. She threatened the prosecutrix for life, if she will tell the incident anywhere. It is also alleged by the prosecutrix that on the next day i.e. on 28/07/2021 at about 01:00 p.m., her brother Varun Deshpande also committed rape on her and threatened her not to tell anybody, else he will spoil her life. On these allegations, the aforesaid offences came to be registered against the applicant and Varun Deshpande.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.