RAJPAL YASHONA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent of learned counsel for the parties the matter is finally heard.

(2.) This petition under Sec. 482 of the Cr.P.C. has been preferred by the petitioner/accused for quashing the FIR bearing Crime No.598/2019 registered under Sec. 376(2)N, 313, 294 of the IPC at Police Station Nagda, District Ujjain.

(3.) As per the prosecution, on 5/12/2019 a written complaint was made by the prosecutrix/respondent No.2 to the effect that she had been engaged to be married to the petitioner in August, 2016 by consent of the families of both of them. Thereafter she had started talking to the petitioner. One day the petitioner had come to her house when she was alone and had committed rape upon her. When she started crying he stated that since now they are engaged he will marry her immediately upon completion of her graduation and she should not narrate the incident to her family members else he would break the engagement and shall malign her. Due to the threat she did not narrate the incident to anyone. Thereafter she had become pregnant and the petitioner under the false pretext of giving her a vitamin tablet had given her a tablet for abortion as a result of which her fetus was aborted. She told the petitioner that he has ruined her life and she would tell everything to her parents and that he should marry her, which he refused stating that she has still not graduated. She waited for the graduation but when her parents asked him for the marriage he refused stating that the prosecutrix is not worth marrying. The petitioner had also taken her under the false pretext to Chintaman Ganesh Temple, Ujjain and had created a false marriage ceremony and had got her signatures on various documents. He did not take her home after the marriage and when she went to Sagar where he was posted he turned her out of the house. Thereafter the report was lodged by the prosecutrix, on the basis of which the instant FIR has been registered against the petitioner.