Bombay High Court refuses to quash case against gay man

It rejected a plea filed by a 33-year-old Navi Mumbai resident, which sought to quash criminal proceedings against him for allegedly having unnatural sex with a 27-year-old man
By Kanchan Chaudhari | Hindustan Times, Mumbai
PUBLISHED ON JUN 30, 2016 12:22 AM IST

It cannot be said that the offence under section 377 of the Indian Penal Code is not an offence against society, said the Bombay high court on Wednesday, while rejecting a plea filed by a 33-year-old Navi Mumbai resident. The plea sought to quash criminal proceedings against him for allegedly having unnatural sex with a 27-year-old man from the same locality.

Section 377 criminalises sexual activities “against the order of nature”, arguably including homosexual acts.

A division bench of justice Abhay Oka and justice Amjad Sayed said it cannot be said it is not an offence against society, especially after the Supreme Court upheld the validity of the penal section.

The married petitioner, however, sought criminal proceedings be quashed on the ground that he had amicably settled the matter with the “victim”.

On September 11, 2013, the Koparkhairane police station registered a first information report (FIR) against him under section 377 of the Indian Penal Code for having unnatural sex with a neighbour. The FIR was registered against the 33-year-old after his wife approached the high court. She was compelled to do so after no action was taking by the police even after lodging complaints with the Koparkhairane police and the Wagle Estate police in Thane.

The complainant stated she had noticed some papers in her house, which mentioned the name of her husband’s partner and soon found out about the nature of their relationship.

Although the Koparkhairane police completed their investigation and filed a charge-sheet against the 33-year-old, he approached the high court seeking quashing of the proceedings on the strength of purported settlement with the “victim.” He had also annexed an affidavit of his 27-year-old partner stating there was an amicable settlement between them over the issue.

The court rejected the petition noting it was not bound to accept and exercise its discretionary power merely on the basis of a bald statement of the “victim” about having entered into a settlement. The judges noted the affidavit of the victim was vague and without any particulars of such a settlement.

SHARE THIS ARTICLE ON
Close
The I-T department conducted raids on properties of Anurag Kashyap and Tapsee Pannu on Wednesday.
The I-T department conducted raids on properties of Anurag Kashyap and Tapsee Pannu on Wednesday.

650 crore discrepancy found in accounts: I-T department

By HT Correspondent, Hindustan Times, Mumbai
PUBLISHED ON MAR 05, 2021 01:38 AM IST
  • The statement added that evidence of cash receipts by the actress amounting to 5crore has also been recovered.
Close
For representational purposes only. (HT FILE)
For representational purposes only. (HT FILE)

Maharashtra: Power tariff for residential consumers to reduce from April 1

PUBLISHED ON MAR 05, 2021 01:28 AM IST
Amid the government’s back and forth on resolving the issue of inflated power bills during lockdown, tariffs for residential consumers across utilities will reduce by 0-2% on an average starting April 1.
Close
 (Pratik Chorge/HT Photo)
(Pratik Chorge/HT Photo)

Covid vaccination phase 3: 16K get 1st shot in Mumbai on Thursday

By Eeshanpriya M S, Mumbai
PUBLISHED ON MAR 05, 2021 01:25 AM IST
The 19 private hospitals participating in the vaccination drive administered shots to 4,128 beneficiaries on Thursday.
Close
Urban development experts said that Greater Mumbai’s ease of living cannot improve unless larger infrastructural issues that face housing and transportation in the city aren’t tackled first. (HT FILE)
Urban development experts said that Greater Mumbai’s ease of living cannot improve unless larger infrastructural issues that face housing and transportation in the city aren’t tackled first. (HT FILE)

Ease of Living Index: Centre’s report ranks Greater Mumbai at 10

PUBLISHED ON MAR 05, 2021 01:24 AM IST
One way to read the Ease of Living Index 2020 (EoLI) in a way that makes the glass seem half full is this: three cities of Maharashtra, Greater Mumbai, Navi Mumbai and Pune form part of the top 10 ranked cities among 111 cities, including Smart Cities and those with a population of more than a million.
Close
Man kills wife, confesses to neighbour in Nallasopara near Mumbai
Man kills wife, confesses to neighbour in Nallasopara near Mumbai

Man kills wife, confesses to neighbour in Nallasopara near Mumbai

By Ram Parmar, Palghar
PUBLISHED ON MAR 05, 2021 01:21 AM IST
Tulinj police on Thursday booked an autorickshaw driver from Shirdi Nagar in Nallasopara (East) for allegedly murdering his wife
Close
Greater Mumbai was assigned a normalised sustainability score of 61.74, higher than the national average of 53.63. (HT FILE)
Greater Mumbai was assigned a normalised sustainability score of 61.74, higher than the national average of 53.63. (HT FILE)

Ease of Living Index: Greater Mumbai ranks 11 among 49 cities on sustainability

By Prayag Arora-Desai, Mumbai
PUBLISHED ON MAR 05, 2021 01:19 AM IST
This rank, the latest Ease of Living Index (ELI) survey says, indicates a city’s capacity to “build resilience and develop sound infrastructure and services to swiftly tackle emerging environmental issues.”
Close
The woman complainant is mentally unstable, the home minister said.
The woman complainant is mentally unstable, the home minister said.

Allegations in Jalgaon case false: Deshmukh

PUBLISHED ON MAR 05, 2021 01:18 AM IST
  • According to media reports, some women from the hostel complained that people from outside and policemen were allowed to enter the facility on the pretext of a probe and some of them were forced to strip and dance.
Close
Bombay HC permits re-release of Telugu film after objectionable part removed by makers
Bombay HC permits re-release of Telugu film after objectionable part removed by makers

Bombay HC permits re-release of Telugu film after objectionable part removed by makers

By KAY Dodhiya, Mumbai
UPDATED ON MAR 05, 2021 01:22 AM IST
The Bombay high court (HC) on Thursday permitted over-the-top (OTT) platform Amazon Prime to re-telecast the Telugu film V after the filmmakers informed the court that they had deleted the scene which depicted a photo of Bollywood actor and model
Close
Bombay HC asks zone 11 DCP to probe delay in investigation into 2018 case
Bombay HC asks zone 11 DCP to probe delay in investigation into 2018 case

Bombay HC asks zone 11 DCP to probe delay in investigation into 2018 case

By KAY Dodhiya, Mumbai
UPDATED ON MAR 05, 2021 01:23 AM IST
The Bombay high court (HC) on March 1 directed the deputy commissioner of police of zone 11 to conduct an inquiry against an investigating officer from Borivli police station who failed to take any action in a case registered against four persons in 2018.
Close
In terms of economic ability, among cities with populations of over a million, Mumbai has scored 32.12 on a scale of 100. (HT FILE)
In terms of economic ability, among cities with populations of over a million, Mumbai has scored 32.12 on a scale of 100. (HT FILE)

Ease of Living Index: Despite edge, Greater Mumbai gets middling score

PUBLISHED ON MAR 05, 2021 01:11 AM IST
The country’s financial capital has ranked eighth in terms of economic ability in the Ease of Living Index released by the Central government’s ministry of housing and urban affairs. According to the report, which was released on Thursday, seven cities, including two from Maharashtra, have higher levels of economic development and opportunities than Mumbai.
Close
Among the factors that helped raise Mumbai’s mobility score was ease of access to public transport. (HT FILE)
Among the factors that helped raise Mumbai’s mobility score was ease of access to public transport. (HT FILE)

Ease of Living Index: Access to public transport hikes Greater Mumbai’s rank

By Eeshanpriya MS, Mumbai
PUBLISHED ON MAR 05, 2021 01:07 AM IST
When it comes to availability of public transport, transport-related infrastructure, and road infrastructure, Greater Mumbai scores a little over 40, taking it above the national average of 28.05 in the Ease of Living Index 2020 brought out by the Centre.
Close
 (Pratik Chorge/HT Photo)
(Pratik Chorge/HT Photo)

Maharashtra sees 8,998 fresh Covid-19 cases

By HT Correspondent, Mumbai
UPDATED ON MAR 05, 2021 01:21 AM IST
Maharashtra on Thursday reported 8,998 new infections, taking the tally to 2,188,183, while the toll touched 52,340 after 60 new deaths. Mumbai’s saw 1,104 infections pushing its tally to 329,846.
Close
HT Image
HT Image

Harassment at Maharashtra hostel: Claims found to be untrue, says home minister

By HT Correspondent, Mumbai
PUBLISHED ON MAR 05, 2021 01:03 AM IST
Maharashtra home minister Anil Deshmukh on Thursday said the investigation into the incident, wherein women were allegedly forced to strip and dance by policemen at a government-run hostel in Jalgaon, found the claims to be untrue. The six-member women committee of senior officials found the allegations baseless and in its report said the policemen did not even enter the hostel.
Close
In Greater Mumbai, 45.7% of the population live in slums. (HT FILE)
In Greater Mumbai, 45.7% of the population live in slums. (HT FILE)

Ease of Living Index: Satellite cities do better than Greater Mumbai

By Mehul R Thakkar, Mumbai
UPDATED ON MAR 05, 2021 01:02 AM IST
With 45.7% of its population living in slums, Greater Mumbai has scored below national average in the housing and shelter category in the Ease of Living Index 2020 released by the Union ministry of housing and urban affairs on Thursday.
Close
Mumbai: Clean up marshal arrested for kidnapping, extortion
Mumbai: Clean up marshal arrested for kidnapping, extortion

Mumbai: Clean up marshal arrested for kidnapping, extortion

By Vijay Kumar Yadav, Mumbai
PUBLISHED ON MAR 05, 2021 12:55 AM IST
The Mumbai crime branch has arrested a cleanup marshal employed by the Brihanmumbai Municipal Corporation (BMC) for allegedly posing as a policeman and kidnapping a man who was caught spitting in public
Close
SHARE
Story Saved
OPEN APP