MANOHAR SILAWAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been preferred under Sec. 482 of Cr.P.C. seeking quashment of FIR registered against the petitioner and consequential criminal proceedings arising out of Crime No.207/2019 registered at Police Station Bajranggarh District Guna for offence under Ss. 376, 506 of IPC.

(2.) An FIR got registered by respondent No.2/complainant/prosecutrix on 4/12/2019 who happens to be a lady aged 41 years against the petitioner, a male aged 55 years for offence punishable under Ss. 376 and 506 of IPC with the allegations that her husband Mukesh died in 1999 leaving two children. Since petitioner was issueless from his first marriage with his wife Sheela Bai, he induced her to marry so that he can maintain her children born out of first wedlock of prosecutrix and with that inducement he brought her to Bajranggarh and without her consent committed rape in the month of May, 2001 with her as a result whereof she became pregnant and out of such relation, one child namely Harsh was born. Thereafter petitioner used to have physical relationship with her continuously and when after four years she came back to Gwalior then also petitioner used to call her for intermittent payments towards her maintenance amount and used to commit rape and threatened her with dire consequences. Presently she is living with her child Harsh at Gwalior, another child born out of the wedlock of petitioner and complainant and therefore, filed this complaint against the petitioner.

(3.) After investigation, charge-sheet was filed against the petitioner and trial is under consideration.