SURENDRA KHAWSE Vs. STATE OF M.P.

JUDGEMENT

(1.) Leave Granted.

(2.) Under challenge in this appeal is a judgment and order dtd. 27/1/2025 passed in Misc. Criminal Case No.48079 of 2023 by the High Court of Madhya Pradesh at Jabalpur, titled analogously where the High Court has refused to exercise its powers under Sec. 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 [For short 'BNSS 2023'] seeking quashing of the First Information Report [For short 'FIR'] and the chargesheet [dtd. 7/8/2023, P.S. Adhartaal bearing no.0934/2023 under Ss. 376 and 376 (2)(n)IPC].

(3.) The brief facts leading to the impugned judgment are that the complainant, Respondent No.2 herein was a Computer Operator employed at Suhagi Municipal Corporation where the appellant-accused was working as Assistant Revenue Inspector and in the course of regular interactions they became friendly with one another and such friendship eventually progressed further. It is important to note here that the complainant at an earlier point in time was married and had also begotten a son from the wedlock. This friendship and eventual physical intimacy turned sour which led to the instant proceedings.