HARSH GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under Sec. 482 of CrPC has been filed for quashment of the charge-sheet arising out of Crime No.954/2017 registered at Police Station Dabra Distt. Gwalior for offence under Sec. 498-A, 323, 294, 506, 377, 34 of IPC and its subsequent proceedings in S.T. No.96/2019 pending before the Court of Additional Sessions Judge, Dabra Distt. Gwalior for offence under Sec. 498-A and 377 of IPC.

(2.) It is submitted by the counsel for the applicant that on the complaint made by the respondent No. 2, he is facing charges under Sec. 498-A and 377 of IPC. Initially, respondent No. 2 had not made any allegation of unnatural sex, but after due deliberation, the allegations were made in her statement recorded under Sec. 164 of CrPC. The presence of sperms in the slide is unrealistic because according to the respondent No. 2 herself, she is residing separately from the applicant. Furthermore, as per the medical evidence, the life of sperms is limited and, therefore, the presence of sperms as per the FSL report is false. It is further submitted that the FIR was lodged against other co-accused persons also and this Court by order dtd. 13/3/2019 passed in M.Cr.C. No.25326/2018 has quashed the proceedings against the siblings of the applicant.

(3.) Heard the learned counsel for the applicant.