PRATEEK SOLANKI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Miscellaneous Criminal Case has been filed by the petitioner under Sec. 482 of Cr.P.C. for quashing the First Information Report (FIR) registered at Crime No.126/2023 dtd. 27/2/2023, at Police Station Madhav Nagar, District- Ujjain (M.P.), as also the charge sheet connected therewith, and the subsequent proceedings pending in the trial court under Ss. 376 (2)(N) and 506 of the Indian Penal Code, 1860.

(2.) In brief, the facts of the case are that the prosecutrix aged about 24 years, a resident of Ujjain came in contact with the petitioner through some common friends in the year 2021, and started conversing with each other through Instagram, and after sometime the petitioner was also selected in Army, and after around 8 to 10 months, i.e., on 6/9/2021, the petitioner came to Ujjain on leave and met her in her room, where he forced himself on her despite the her objection, he also assured her that he would marry her. Thereafter, he started coming to her room regularly and everyday he used to have sexual intercourse with heron the pretext that he would marry her. After his leave came to an end, he went back on 9/10/2021. He again came to Ujjain on leave from 24/10/2021 to 24/11/2021, and at that time also, he had physical relationship with her despite her protest, and when this relationship came to her family members' knowledge, they went to petitioner's house to talk about with his parents about prosecutrix's marriage with the petitioner to which, they simply refused, and thereafter, the petitioner also stopped talking to her on phone, and again when he came back to Ujjain in the month of January 2022, he started talking to her and again came to her room where he again committed sexual intercourse with her on the pretext of marriage, and thereafter, he went back to Jaisalmer in the month February 2022, and subsequently he also blocked her on Instagram, WhatsApp etc. and despite her efforts to talk to him, he refused to talk to her, hence, she made a complaint to police station Madhav Nagar, Ujjain on 14/7/2022. Thereafter, when the family members of the petitioner were called to the concerned police station, they agreed to the engagement of the petitioner with the prosecutrix, and the engagement also took place on 25/7/2022. But, thereafter, again the family members of the petitioner refused to marry their son to the complainant. Thus, the FIR was lodged on 27/2/2023.

(3.) Shri Virendra Sharma, learned counsel appearing for the petitioner has submitted that a perusal of the FIR clearly reveals that it was a consensual relationship between the petitioner and the prosecutrix, who was a matured woman aged 24 years, and the FIR has also been lodged after a delay of around two years, and even when the petitioner refused to marry the complainant in the month of December 2021, she again had no difficulty in having physical relationship with the petitioner in the month January and February 2022.