ABHISHEK ARJARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By way of this petition filed under Sec. 482 of the Code of Criminal Procedure, the petitioner is seeking quashing of FIR dtd. 19/5/2019 registered against him vide Crime No.649/2019 at Police Station Piplani, District Bhopal for the offence punishable under Sec. 376(2)(n) and 506 of the Indian Penal Code.

(2.) The learned counsel appearing for the petitioner has submitted that though the challan has been filed, but according to him, the case of 376 is not made out against the petitioner. He has submitted that the incident narrated by the complainant before the police and even considering the contents of FIR, it is clear that the alleged offence does not fall within the definition of rape as defined under Sec. 375 of IPC and as such, the FIR lodged against the petitioner is liable to be quashed.

(3.) On the other hand, Smt. Shraddha Tiwari, learned Panel Lawyer appearing for the respondent/State has submitted that as per the statement of the prosecutrix, it is clear that physical relations were developed by the petitioner with her on a false pretext of marriage and merely because she was a married lady, does not mean that the case of rape is not made out. She has pointed out that as per the statement of the prosecutrix, she became pregnant due to physical relations with the petitioner and as such, she has submitted that the petition is misconceived and deserves to be dismissed.