KAILASH SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Cr.P.C. for quashing of the FIR registered at Crime No.586/2022 at Police Station- Padav, District, Gwalior under Ss. 376, 506 of IPC as well as under Sec. 3/4 of POCSO Act as well as the chargesheet and all other criminal proceedings instituted at this crime number.

(2.) In brief, facts of the case are that on 28/12/2022 prosecutrix aged about 17 years 10 months lodged a computerized complaint at Police Station Padav District Gwalior alleging that she is studying in 12th standard. Present petitioner and prosecutrix developed friendship through facebook and thereafter petitioner started talking with the prosecutrix on mobile phone and chatting on whatsapp.

(3.) On 10/12/2020 petitioner called prosecutrix to meet her and took her to a hotel situated near Rock On Hotel and started doing obscene acts with her and started pressurizing her to make physical relation with him. When prosecutrix refused, he led the prosecutrix to believe that he is unmarried and promised to marry her and took obscene photographs of her. On 18/10/2022 petitioner again called the prosecutrix at Rock On Hotel. When the prosecutrix refused to come, petitioner threatened her to viral the photographs. Petitioner again committed sexual intercourse with the prosecutrix by extending threatening. On 23/12/2022 petitioner by leading the prosecutrix to believe that he will solemnize marry with her, took her at Rock On Hotel Padav Gwalior. The petitioner by extending threatening to the prosecutrix that he would viral the photographs and kill her, committed sexual intercourse with her. On 24/12/2022 petitioner called the prosecutrix at Mela Ground Gwalior and told her that he is already a married person and will not marry with her. On her report, FIR bearing Crime No.586/2020 at Police Station- Padav, District, Gwalior under Ss. 376, 506 of IPC and under Sec. 3/4 of POCSO Act was registered against the petitioner.