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1) This Petition is filed under Article 226 of the Constitution of
India read with Section 482 of the Code of Criminal Procedure, seeking
quashing of First Information Report (FIR) No.250 of 2014 which is
registered with Daund Police Station, Pune, dated 31 st July 2014, for the
offences punishable under Sections 376, 417, 506 of the Indian Penal Code
and under Section 3(1)(xii) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989.
2) By an order dated 5th April 2016, Rule was issued and ad-
interim relief granted earlier was continued.
3) It is alleged by the Petitioner in the FIR that, the Respondent
No.2’s son was studying in the Seth Jyotiprasad School and due to financial
condition of the Respondent No.2 she decided to change the school of her
son from English medium to Marathi medium. At that point of time, the
Respondent No.2 met present Petitioner who was then the Secretary of the
school. The Petitioner insisted the Respondent No.2 not to change the
school and assured that, he would take care of the Respondent No.2’s son’s
school fees and insisted on continuing with the English medium school.
Thereafter, the Respondent No.2’s son continued his schooling in the
English medium school. Later, the Petitioner used to call upon the
Respondent No.2 when she used to go to school to drop her son. On one
such day, the Petitioner enquired about the family status of the Respondent
DDR WP 2942-14-final.doc
No.2 and further informed her that, he had marital issues with his wife and
promised the Respondent No.2 that, he would marry her and would also
make arrangement of her residence by buying a house for her. Soon
thereafter, one day the Petitioner came to the house of the Respondent No.2
and without her permission and willingness maintained physical contact
with her and committed rape on her. Thereafter, the Petitioner repeatedly
committed the act of rape on the Respondent No.2. He also threatened the
Respondent No.2 that, if she informs anybody about the act committed by
the Petitioner he would remove the Respondent No.2’s son from the school,
so also, he would kill the Respondent No.2. The Petitioner continued his act
of committing rape on the Respondent No.2 and though, he had promised
her for getting married to him, he started avoiding the said promise. The
Respondent No.2 thereafter got pregnant due to physical relations of the
Respondent No.2 with the Petitioner and delivered a baby girl on 17 th
February 1999. Even after the baby girl was born, the Petitioner kept on
having physical relations with the Respondent No.2 and after two years on
6th February 2001, a baby boy was born due to the relationship of the
Petitioner with the Respondent No.2. The Petitioner kept on threatening the
Respondent No.2 with dire consequences if she discloses about his
relationship with the Respondent No.2 and also further passed remarks of
castism against the Respondent No.2 as she was from Scheduled Tribe.
Hence, the Respondent No.2 lodged an FIR with the police.