GOPAL OYAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 482 of Cr.P.C. for quashing the FIR No. 143/2020 dtd. 20/10/2020 registered at Police Station-Industrial Area, Satlapur, District Raisen for the offence punishable under Sec. 376(2)(n) of IPC.

(2.) Learned counsel for the petitioner submits that in view of contents of FIR and the statement given by the prosecutrix under Sec. 164 of Cr.P.C. and the fact that she has refused to get herself medically examined, it is clear that no case of Sec. 376 of IPC is made out against the present petitioner and as such, criminal proceedings initiated against him vide FIR No. 143/2020 are liable to be set aside.

(3.) As per the case of the prosecution, on 20/10/2020, the prosecutrix lodged an FIR against the present petitioner stating therein that on the false pretext of marriage, the petitioner developed physical relations with the prosecutrix against her wish. As per the prosecutrix, she was the resident of Gram Khanpura, Police Station Satlapur, District Raisen and while studying, she developed friendship with the present petitioner through face-book and thereafter in May, 2020, the parents of the petitioner and the prosecutrix met and they agreed to get their marriage solemnized and finally the marriage was settled. Thereafter, on 16/9/2020, the petitioner came to the house of the prosecutrix at Khanpura and remained there for few days. In between the petitioner asked prosecutrix to develop physical relations and on 17/9/2020, on the assurance of marriage, he developed physical relation with the prosecutrix which was continued so many times but on 20/10/2020, the petitioner refused to marry the prosecutrix and therefore, she went to the police station with her father and lodged the FIR.