SHYAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure (in short Cr.P.C.) has been filed by petitioner for quashment of FIR dtd. 29/9/2022 registered vide crime No. 554 of 2022 at police Station Sector 1 Pithampur District Dhar for offence under Sec. 376, 376(2)(n) and 506 of Indian Penal Code (In short IPC) and all subsequent proceedings.

(2.) Brief facts of the case are that on 29/9/2022 prosecutrix lodged an FIR at police station Sector No. 1 Pithampur by stating that she is living separately from her husband since last 15 years alongwith her on and daughter. She has given two rooms to Basubai for rent. The present applicant who happens to be brother of Basubai used to come in the said house. ngagement of her son Kanha was solemnized with applicant's daughter Rani on 15/2/2021. On 20/2/2021 at about 5 pm when prosecutrix was alone in her home, at that time applicant entered into her house and told her that "I shall look after your children" and thereafter he has committed rape upon her and repeated same act on several times by threatening her that if she discloses the incident to anyone then he will kill her. Thereafter she broke up engagement of her son with daughter of applicant. On 28/9/2022 applicant also threatened her for life on mobile phone.

(3.) Learned counsel for applicant submits that applicant is innocent and he has been falsely implicated in this offence. Prior to the incident, complainant has implicated so many persons in various cases and prosecutrix treated the applicant as husband and she is living since last four months as husband and wife. They have so many photographs with each other. After broke- down the engagement prosecutrix has falsely implicated him. FIR is too much belated without any explanation. This Court has granted anticipatory bail to applicant at earlier stage. Hence he prays that FIR registered against him be quashed.