MADHUR BAGHRECHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 482 of the Code of Criminal Procedure for quashing the FIR No. 62/2020 registered at Police Station Waraseoni, District Balaghat on 5/2/2020 for the offences punishable under Ss. 376 and 506 of the Indian Penal Code and Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) As per the case of the prosecution, a written complaint was made in the police station by the prosecutrix alleging therein that she knows the petitioner since a long time as she used to visit his shop to purchase clothes. She has stated in the complaint that frequent visit to the shop of the petitioner developed intimacy and attracted her towards the petitioner and she fell in love with the petitioner and as such they were in relation. It is alleged by the prosecutrix that the petitioner had given assurance of marriage and developed physical relation with her. As per the prosecutrix, the petitioner used to visit her house very often and they were in physical relation since long. It is alleged that as a consequence of physical relation, the prosecutrix conceived and got pregnant on 22/11/2019. After knowing about the fact of pregnancy of the prosecutrix, the petitioner advised her to abort the child and refused to marry saying that there was caste difference between them, as she belonged to lower caste and he belonged to Jain community, which is a higher caste and, therefore, it was impossible for him to get married with her. Consequently, the impugned FIR has been lodged and offence has been registered by the police against the petitioner.

(3.) From perusal of the record, it is clear that after filing the present petition, some development took place and owing to which the prosecutrix has filed an affidavit before this Court stating that now her marriage has been settled with some other boy and, therefore, she does not want to prosecute the matter any further, because, if ultimately the case continues, there is every possibility that her new married life would be disorganized.