MONIKA SARTHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this writ petition, the petitioner herein (complainant) seeks quashment of registration of FIR and consequent charge-sheet No.226/2020 dated 12.11.2020 filed against respondent No.2 on her complaint for offence punishable under Section 376(2)(n) of the IPC.

(2.) The relevant facts which are necessary for adjudication of the matter are as under:-

(3.) Mr.B.P.Sharma, learned counsel for the petitioner, would submit that the petitioner has realized her mistake as they were in love-affairs and out of her anger and misunderstanding, FIR came to be lodged and now she has realized her mistake and therefore, in the light of judgments of the Supreme Court in the matter of Maheshwar Tigga v. State of Jharkhand , 2020 10 SCC 108 (Para-17), Narinder Singh & Others v. State of Punjab & another , 2014 6 SCC 466 (Paras-22, 23 and 27) and Pramod Suryabhan Pawar v. State of Maharashtra & another , 2019 9 SCC 608 (para-12), FIR and consequent proceeding of Criminal Case No.4985/20 pending before the Judicial Magistrate First Class, Raipur deserve to be quashed.