Published On : Thu, May 12th, 2022

High Court quashed and set aside FIR registered against Police Inspector

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Nagpur: On report of complainant, FIR was registered against Rajendra Magdum on 04.02.2019 under Section 376, 506 and 406 of Indian Penal Code. The women complainant had leveled accusation against Magdum that, in the year 2011 Magdum was working at Police Station, Imamwada, Nagpur at the post of P.S.I. At that time, the woman complainant got introduced with Magdum and he introduced himself as unmarried and by giving false promise of marriage Magdum established physical relationship with complainant on several occasions i.e from the year 2011 to 2014 at the residence of complainant.

She has stated in her FIR that, she is married having son of 12 years and she is not aware of the whereabouts of her husband. Complainant had also alleged in FIR that, Rajendra Magdum by luring complainant transferred the house of complainant in his name by executing sale deed and mortgaged the property by taking loan on the property. On such allegations the FIR was registered on Rajendra Magdum.

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Rajendra Magdum approached Bombay High Court, Nagpur Bench and filed petition for quashing of FIR through Advocate Sameer Sonwane. Initially, High Court granted stay on filing of chargesheet. Rajendra Magdum pleaded before High Court that, he is bonafied purchaser of property, he is having all relevant documentary evidence, he has availed loan for purchase of property, as he was time and again requesting the women complainant to vacate the house which was purchased by him, therefore, she has given a false report against him.

Prior to registration of FIR Magdum has also issued notice through advocate to complainant and civil suit was also filed. It was also pleaded by Magdum before High Court that, he is subjected to extortion and blackmailing by the complainant and others and for the same Magdum filed petition through Advocate Sameer Sonwane under 156(3) crpc before Magistrate, Nagpur and on the direction of the Magistrate, Hudkeshwar Police Station registered FIR under Section 384, 385, 406, 420, 120(B) and 34 of Indian Penal Code against complainant women.

Division bench of Justice V.M.Deshpande & Justice Amit Borkar by its order dated 26.04.2022 quashed and set aside the FIR by observing that, Rajendra Magdum and complainant lady were married, before commencement of their relationship, both are having children from their respective spouses, complainant woman is aged about 46 years on the date of report, the relationship between them was consensual in nature, the sexual intercourse between them had developed with the consent of complainant woman and she offered no resistance nor made any complaint at any point of time though they had sexual intercourse from February 2011 till June 2014 and both were residing with each other as husband and wife for a period of three years. High Court observed that, essential ingredients of applied sections lacks from the FIR and hence quashed and set aside the FIR registered against Rajendra Magdum.

Advocate Sameer Sonwane, Advocate Shiba Thakur, Advocate Amit Thakur and Advocate Aaquid Mirza were counsel for Rajendra Magdum.

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