DEEPAK YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner/accused has preferred this pe- tition under Section 482 of the Code of Criminal Procedure, 1973 (herein after referred to as'the Code', for brevity) for quashment of First Information Report (FIR) bearing Crime No.03/2020 registered against him at Po- lice Station A.J.K., District Khargone (MP) for commis- sion of offence punishable under Sections 376, 376 (2)(n), 294 and 323 of Indian Penal Code, 1860 read with Sections 3 (1) (w) (ii), 3 (1) (r), 3 (1) (s), 3 (2) (v) and 3 (2) (v-a) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 and all other subsequent proceedings arising out of the aforesaid FIR.

(2.) In short, the prosecution story is that on 16.03.2020 respondent No.2/complainant made a writ- ten complaint against the petitioner/accused to the In- spector General of Police, Indore Zone, Indore (MP) al- leging that she is working as Police Sub Inspector in Madhya Pradesh Police Department; and presently, posted at Police Station Bediya, District Khargone (MP). In the month of February, 2019, she was posted at Police Station Barwaha, District Khargone (MP); and present petitioner was also posted in the same Police Station. The present petitioner started intimacy with her; and on 19.03.2019 he called respondent No.2/complainant for celebrating her birth day at his room situated at Kanwar Colony, Barwaha, District Khargone (MP) where he made physical relationship with her on a promise, that he would marry her very soon. Respondent No.2 trusted on his promise. Thereafter, the petitioner continued to take her advantage and committed sexual intercourse several times with her.

(3.) When in the month of May, 2019, respondent No.2 asked the petitioner for their marriage, then all of a sudden, behaviour of the petitioner changed and he was keeping distance from respondent No.2; and started avoiding the complainant/respondent No.2 as well as her messages and mobile calls. Thereafter, when the complainant/respondent No.2 made pressure upon the petitioner for their marriage, then he started quarrelling with her and used to abuse her and also physically as- saulted her several times. When respondent No.2 ap- proached to the Higher Police Authorities, then the peti- tioner came to respondent No.2/complainant and ten- dered his apologies.