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This is an archive article published on June 11, 2023

HC refuses to quash FIR against man booked for assaulting live-in partner

According to the prosecution, the marriage between the petitioner and the victim was decided to be performed in June-July 2018 with the consent of their family members The victim was residing at the petitioner’s house along with his mother since May 19, 2018.

live-in partner assault case, Bombay HC, IPC, indian express, indian express newsThe court held that the FIR appeared to be “true and correct version of the incident in question” and said the victim has not exaggerated her version or else she would have have filed a complaint of rape against the man. (Express Photo)
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The Bombay High Court refused to quash the FIR registered against a 31-year-old man who allegedly assaulted his 29-year-old live-in relationship partner.

The court held that the FIR appeared to be “true and correct version of the incident in question” and said the victim has not exaggerated her version or else she would have have filed a complaint of rape against the man.

“There is more than sufficient material on record to show clear complicity of petitioner in present crime and prima facie prosecution has made out a strong prima facie case,” the court observed.

A division bench of Justice Ajey S Gadkari and Justice Shivkumar G Dige on June 5 passed an order on a plea by 31-year-old man from the city, challenging the FIR of June, 2018 which booked him for offences punishable under Sections 354-B (assault or use of criminal force to woman with intent to disrobe), 506 (criminal intimidation), 509 (word, gesture or act intended to insult the modesty of a woman), 323 (voluntarily causing hurt) of the IPC.

According to the prosecution, the marriage between the petitioner and the victim was decided to be performed in June-July 2018 with the consent of their family members The victim was residing at the petitioner’s house along with his mother since May 19, 2018.

Four days later, the petitioner abused the victim and she went to her mother’s house. Thereafter, the accused man went to the victim’s mother’s house and tendered an apology and took her back to his house.

On May 25, he consumed liquor and started bickering with the victim, assaulted her and thigh and banged her head on the wall, tore her T-shirt and threatened her.

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The prosecution further said that the victim somehow rescued herself from the clutches of the petitioner and came to the ground floor of the building and informed about the assault to the watchman and also narrated the same to her friend.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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