Sampat Popat Chavan vs The State Of Maharashtra Thr. Pso Ps and Anr.

Headnote AI-drafted · Reviewed and approved

The applicant, a Police Inspector, sought quashing of FIR No. 236/2023 registered at Police Station Hinganghat, District Wardha, and the consequent chargesheet, for offences punishable under Sections 376(2)(a), 376(1), 376(2)(n) and 506 of the Indian Penal Code, 1860. The FIR alleged that the applicant, while posted at the said police station, exploited his official position to commit repeated acts of forcible sexual intercourse upon the victim under the threat of leaking a video recording he had made of the acts, over a period spanning August 2021 to December 2022.

The applicant contended that the allegations were fabricated and motivated by vengeance, particularly after the FIR lodged by the victim against her father and brother was quashed by the Division Bench of the Bombay High Court. It was further argued that the victim had psychiatric and behavioural issues, had lodged multiple FIRs against various persons, had earlier withdrawn similar allegations before the Superintendent of Police, and that no corroborating material including injuries or incriminating content on the applicant's mobile phone was found.

The Bombay High Court, Nagpur Bench, admitted the application and heard it finally by consent of parties. The judgment addresses the question whether the FIR and chargesheet warrant quashing at the threshold stage under the jurisdiction of the High Court, examining whether the material on record discloses a cognizable offence or whether the complaint is manifestly frivolous, vexatious or an abuse of process.

Catchwords: quashing of FIR · rape by police officer · Section 376(2)(a) IPC · abuse of official position · blackmail · video recording · Section 164 CrPC statement · psychiatric issues of complainant · multiple FIRs · abuse of process of court · withdrawal of earlier complaint