HC quashes FIR against PI booked for rape in 2019

Nagpur: Justices VM Deshpande and Amit Borkar of Nagpur bench of Bombay high court in April quashed a FIR and all related proceedings against police inspector (PI) Rajendra Magdum who was booked for rape among other charges by the city police in 2019.

Magdum was charged with rape, threatening and criminal breach of trust following a complaint filed by a 46-year-old woman who claimed the officer had convinced her to have physical relation under the pretext of marriage. She also stated that Magdum transferred her property in his name and mortgaged it.

The court initially granted stay on filing the charge sheet against Magdum who was represented by advocates Sameer Sonwane, Shiba Thakur, Amit Thakur and Aaquid Mirza.

Sonwane, defending Magdum’s application for quashing the FIR, argued the relationship between the two adults was consensual while addl public prosecutor TA Mirza submitted that the material on record was sufficient for constituting the offence.

The court, while pronouncing the judgment, said, “there is no material on record to show that at the time of inception of relationship the accused had no intention to perform marriage with the non-applicant (the woman)”.

Relying on the Supreme Court rulings in the Pramod Suryabhan Pawar Vs State of Maharashtra, the bench observed that the prosecution has failed to prove the ingredients of the offence punishable under section 376 of the Indian Penal Code (IPC).

Similarly, the court also did not find any substance in the offences of criminal breach of trust under 406 of IPC and threatening under 506 of IPC made out against Magdum.

The court stated that continuation of the present proceedings against the applicant would amount to abuse of the process of the court.