Supreme Court of India
Mahesh Damu Khare v. The State of Maharashtra & Anr.
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What the Court ordered
We are of the opinion that in the present case no prima facie case has been made out about commission of an offence of rape punishable under Section 376 IPC. Further, on perusal of the FIR it is also noted that no allegations of cheating have been made against the appellant to fall within the scope of Section 420 IPC nor of any of the offences under Sections 504 and 506 of the IPC.
Judgment, page 20
From the headnote
Issue for Consideration The High Court dismissed the petition filed u/s.482 of CrPC for quashing FIR registered u/ss.376, 420, 504 and 506 IPC holding, inter alia, that the offence under Section 376 of IPC is an offence against the society which would require further investigation into the matter and does not warrant interference. Headnotes† Penal Code, 1860 – s.376, 420, 504 and 506 – Complainant filed a complaint alleging that the appellant had cheated on her by forcibly engaging in sexual intercourse without her consent in his house and in the rented rooms from 2008 to 2017 by giving false
Authorities it was built on
- 2021 Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra and Others
- 1992 State of Haryana and Ors. Etc. Etc. v. Ch. Bhajan Lal and Another Etc. Etc.
- 2013 Deepak Gulati v. State of Haryana
- 2023 Naim Ahamed v. State (nct of Delhi)
- 2022 Shambhu Kharwar v. State of Uttar Pradesh & Anr.
- 1999 R.P. Kapur v. Union of India and Ors.
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