.. 1 .. Order Below Exh. 1 in Cri. B. Appln. No. 431/2022 CNR No.MHNS010015282022

Santosh Nivrutti Mandlik Vs. State

Heard:
Ld. Adv. Mr. K.B. Surywanshi for the applicant.

1.This is an application under section 438 of the Code of Criminal Procedure since the applicant apprehends arrest in an offence (under section 376 of the Indian Penal Code, 1860) which may get registered against him at Adgaon Police Station, Nashik by the complainant Aarti Shamrao Nagare.

2.Learned Advocate for the applicant has submitted that the applicant has reason to believe that an offence may get registered against him by the complainant or her family members. There was a consensual love­affair between the applicant and the complainant for almost 8 years during which period the applicant even helped her financially with her tuition fees for M Tech. (He has filed Bank statements on record to substantiate this argument). However, owing to family differences and opposition, the applicant tied the knot with someone else by an arranged marriage. The applicant had informed the complainant and her family members in advance about it. It now appears that the complainant’s family members are pressurizing her to lodge an FIR against the applicant. The applicant has been receiving phone calls from Adgaon Police station. The applicant is ready to abide by the terms and conditions imposed by the Court and also co­operate with the investigating agency. Custodial interrogation of the applicant is not necessary.

3.Prima­facie, this appears to be a case of a consensual relationship between two adults gone awry. The FIR is not yet registered. In view thereof, I am inclined to partly allow the application in terms of the following order.

: O R D E R :
1] Application is partly allowed.

2] Adgaon Police Station, Nashik is directed to give 72 hours prior notice to arrest the applicant Santosh Nivrutti Mandlik in case an offence against him is registered at the instance of complainant Aarti Shamrao Nagare under section 376 of the Indian Penal Code, 1860.

3] Application is disposed of accordingly.

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.01 Nashik Mridula Bhatia 16:42:03 +0530 01/04/2022 District Judge­2 and Additional Sessions Judge, Nashik.