SUBHAM Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This petition has been filed under Sec. 482 of Cr.P.C. for quashing the FIR, charge-sheet and the subsequent proceedings in Special Case No.343 of 2023 against the petitioners arising out of Crime No.270 of 2023 for offences punishable under Ss. 376(2)(n), 506, 323, 344 and 34 of IPC and Ss. 3, 4, 5 (L) and 6 of the Protection of Children from Sexual Offences Act, 2012 pending in the Court of Special Judge, Indore.

(3.) In brief, the facts of the case are that the FIR in the present case was lodged on 3/12/2023, by the prosecutrix aged around 16 years in respect of the offence of rape, which was committed on her from 1/8/2019 to 25/11/2023, and she was also forced to marry the petitioner No.1 Subham Verma in the presence of his mother Rekhabai, petitioner No.2. As a result of this incident, the prosecutrix also gave birth to a girl child on 13/11/2021, and after the birth of the child, she was also harassed by the petitioners.