(1.) This application under Sec. 482 of Cr.P.C. has been filed seeking quashement of FIR in Crime No.24/2020 registered at Police Station Ater, District Bhind for offence under Sec. 354, 323, 294 and 506 of IPC.
(2.) It is submitted by the counsel for the applicant that the applicant is a retired Army Personnel. The wife of the applicant was teased by the husband of the complainant and accordingly, an FIR was lodged against Prahlad Jatav husband of the respondent No.2. He was tried for an offence under Sec. 354-A of IPC and by judgment dtd. 08/02/2016 passed in criminal case No.2247/2014, the husband of the complainant was convicted under Sec. 354-A of IPC and was sentenced to undergo rigorous imprisonment of six months.
(3.) Being aggrieved by the said judgment and sentence, the husband of the respondent No.2 preferred a criminal appeal, which was registered as CRA No.77/2016 and was partially allowed by judgment dtd. 18/07/2017 and in lieu of the jail sentence, the husband of the respondent No.2 was punished with fine of Rs.4,000.00. It is further submitted that another FIR in Crime No.140/2019 was lodged by the wife of the applicant against the husband of the respondent No.2 and two more persons for offence under Ss. 452, 323, 506, 294 and 34 of IPC. It is submitted that the husband of the respondent No.2 is facing trial for the said offence. It is further submitted that thereafter, the husband of the respondent No.2 had raped the wife of the applicant and since, the police had registered the offence under Sec. 323 and other minor offences, therefore, on 05/03/2020, the applicant came to High Court at Gwalior Bench and filed an application under Sec. 482 of Cr.P.C., which has been registered as MCRC No.11008/2020. It is submitted that by the impugned FIR in Crime No.24/2020, which has been lodged by the respondent No.2 at Police Station Ater, District Bhind, it has been alleged that the applicant had outraged the modesty of the respondent No.2 and thus, an offence been registered.
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