Title: SHEIKH ARIF V STATE OF MAHARASHTRA
Citation: CRIMINAL APPEAL NO. 1368 OF 2023
Dated on: 30.1.2024
Corum: HON’BLE JUSTICE ABHAY S. OKA & JUSTICE PANKAJ MITHAL
Facts of the Case
In the present case the second respondent claimed that Sheikh Arif(petitioner) had gotten into sexual contact with her under the guise of marriage, notwithstanding his initial resistance to physical closeness. When she (respondent) found out she was pregnant in February 2013, the relationship took a turn and she had an abortion. Their sexual relationship continued in spite of this, leading to an engagement ceremony in July 2017. But when the respondent discovered she was pregnant again in December 2017, things got complicated, and Sheikh Arif reportedly promised her marriage, which discouraged her to avoid having another abortion. However, in February 2018, the second respondent received shocking news of Sheikh Arif’s marriage to a different woman. There have been claims of false promises, physical closeness, engagements, pregnancies, and legal repercussions that have resulted in criminal charges due to which she filed a complaint.
Legal Provisions
In the present case Sections 376(2) -rape, sec 504 -relating to intentional insult with intent to provoke breach of peace, and sec 506 -intimidation were among the provisions under the Indian Penal Code that were interpreted and applied in this case for the alleged offences the petitioner committed against the respondent
Court Judgment and Analysis
In the present case the court determined that carrying on with the prosecution in this instance would be a misuse of the judicial system. As a result, the contested decision and decree from, lower court were quashed. In addition, the court imposed orders to address the welfare and rights of the second respondent and her child. The respondent was ordered to receive a considerable payment of Rs. 5 lakhs from the appellant, with provisions made for her right to legally seek support for herself and her daughter. The court also mandated the investment of Rs. 10,000,000/-deposited for the kid’s benefit till the child reaches majority, with further orders for the appellant to deposit an extra amount of Rs. 5 lakhs with the Sessions Court in Nagpur within a given time frame. These orders emphasized the court’s dedication to making sure the case is resolved fairly and that the parties’ rights are protected via the proper legal channels, as required by law.
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Written by- Namitha Ramesh
