ANUPAM DEVI AGNIHOTRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C. has been filed by the petitioners for quashing the FIR and entire proceedings in pursuant to FIR No. 355/2018 registered at Police Station-Kolgawan, Satna for the offence punishable under Ss. 366 and 376 of the IPC.

(2.) Prosecution case in brief is that on dtd. 7/4/2018, prosecutrix (petitioner No. 1) aged 21 years (at the time of incident) lodged the report in the concerned Police Station against the petitioner-accused No. 2 alleging therein that she was familiar with the petitioner-accused since 4-5 years. Some months ago, petitioner-accused told her that both are of same caste brahmin. So, he is ready to solemnize marriage with prosecutrix. Thereafter, petitioner-accused committed intercourse with prosecutrix on the false pretext of marriage. Prosecutrix became pregnant. Thereafter, petitioner-accused refused to marry with her.

(3.) Learned counsel for the petitioners submits that petitioners have jointly filed this petition and submits that they have solemnized marriage with each other. Prosecutrix (petitioner No. 1) does not want to proceed further in this matter. Statements of petitioners are recorded before the Registrar J-II on dtd. 19/3/2021 where they stated that they were major at the time of incident and they have also solemnized marriage. The matter has been settled between them and now they are living as husband and wife happily. So, no offence is made out against the petitioner No. 2. He further submits that since the petitioners are major and living happily married life, therefore, no purpose would be served to keep continue the trial because it would amount to harassment or failure of justice. In support of his contention, he has relied the pronouncement of the Hon'ble Apex Court as well as the High Court of Bombay and Delhi, same are mentioned herein under:-