FARUKH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition u/S 482 of Code Of Criminal Procedure, 1973 filed by the applicant/accused for quashing FIR, bearing crime No.48/2023, offence u/S 452, 376, and 307 of IPC registered at P/S Harangaon, Distt. Dewas.

(2.) As per prosecution case, the applicant is already married and has 03 children. Apart from that, he wanted to marry the prosecutrix and used to tell her that he loves her, but the prosecutrix had denied. On 27/3/2023, at around 02:30 PM, when the prosecutrix was alone at her house, the applicant entered in her house and at the point of knife, committed rape upon her. The prosecutrix raised alarm, then the applicant had given a blow to her by means of knife with intent to kill her. She rescued herself and sustained knife cut injury on the wrist of right hand. The applicant fled away from the place of incident. The neighbours around the house of prosecutrix gathered hearing the shout of prosecutrix. After some time, her parents also returned to the house as well. Thereafter, she told about the incident to her parents and got the FIR lodged against the applicant.

(3.) Learned counsel for the applicant and learned counsel for the respondent No.2/complainant submitted that after filing of the petition, the parties filed applications for compromise I.A. No.4018/2024 and I.A. No.3917/2024. The said applications were sent for verification before the Principal Registrar of this Court. A verification report has been received, where matter has been amicably settled between the applicant and the respondent No.2/complainant without any fear or coercion. Learned counsel for the applicant has placed reliance on the case of Mohd. Julfukar V State Of Uttarakhand And Anr. [AIR 2024 SC 781] and Sunil V State Of M.P. And Anr. [Order dtd. 6/3/2024 passed in MCRC No.8158/2024].