FULSINGH Vs. STATE OF MP

JUDGEMENT

(1.) Submissions were made on application filed under Section 439 of Cr.P.C. in respect of Crime No.403/2020 registered at Police Station Khilchipur, District Rajgarh for allegedly committing offence under Sections 376, 342, 506, 190 and 195-A of IPC.

(2.) Learned counsel for the applicant submits that incident has occurred on 02.08.2020, as per prosecution story, but the FIR has been lodged belatedly on 05.10.2020. He submits that charge-sheet has been filed and also submits that the prosecutrix did not raise any hue and cry when the incident had occurred although there were neighbours nearby the place of incident and that there is already standing dispute pertaining to the money matter between the applicant and the husband of the prosecutrix and which has led to lodging of the false FIR belatedly against the applicant. Learned counsel has drawn court's attention to document exhibited by the Panchayat of Village Jaitpura, in which the present applicant has been directed to pay Rs.1,25,000/- to the complainant Dayaram. The aforesaid document of Panchayat has been signed by the number of villagers of Village Jaitpura.

(3.) Learned counsel for the respondent/State was also heard, who has read out the statement of the prosecutrix, in which she has stated that after the incident she was proceeding along with her husband for lodging of FIR but was stopped midway by the present applicant, who offered to settle the matter and consequently a Panchayat was called and the Panchayat had directed the applicant to pay Rs.1,25,000/- to the prosecutrix.