GOVIND SINGH RAJPUT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has preferred this petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'The Code'), for quashment of First Information Report dated 18/09/2018 bearing crime No.482/2018, registered at police station Pardeshipura, District Indore, for commission of offence under Section 376(2) (n), 506 and 509 of IPC, 1860 so also the consequential proceedings pending in Sessions Trial No.70/2019 before the XI Additional Sessions Judge, Indore.

(2.) Facts leading to filing of the present petition are that the respondent No.2 made a written complaint to the Police that upon death of her husband in the year 2013 she was appointed as Personal Assistant on compassionate ground in the office of the Deputy Commissioner (Audit) Customs and Central Excise Department. The applicant was also posted as Superintendent in the same department as a result the applicant became acquainted with respondent No.2 and he started going to the house of respondent No.2 situated at Street No.10, Chouriya Ka Makam, Nandanagar, Indore frequently developing good relation with respondent No.2 and her son . It was also alleged that on 17/12/2014, the applicant went to the house of the respondent no.2 and put vermilion (sindoor) upon her forehead promising that as God is his witness he will fulfill all the duties as her husband. However, in February 2015, respondent no.2 went to the house of the applicant where she came to know that the applicant is already married and he has two kids, whereupon the applicant promised respondent no.2 that he will keep her as his second wife and purchased her mangalsutra from D.P. Jewelers.

(3.) It is further alleged that on 30/04/2015, petitioner married respondent No.2 in Suryamandir, Cant Road, P.S. Rau, Indore. Thereafter he started going to the house of the respondent no.2 where they had sexual intercourse and further more they stayed at hotel in Indore and Bhopal where they made physical relation. In October 2015, respondent no.2 shifted from Govt. Quarters to the building in which the applicant was residing. Later on the applicant distanced himself from respondent no.2 by threatening her and her son by saying demeaning things about respondent no.2. On the basis of the aforesaid allegation Police registered FIR bearing Crime No.482/2018 at Police Station Pardeshipura, Indore against the applicant and after completion of investigation charge-sheet has been filed.