RAVI CHIROLIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition has been filed under section 482 of CrPC for quashing the FIR at Crime No.191/2015 under section 376/506 of IPC.

(2.) BRIEF facts of the case are that the complainant has lodged the report that her husband Vijay Shivhare has died before 7 -8 years. She has two sons namely Shailu aged 23 years and Abhishek aged 19 years. After death of her husband, she developed love affair with Ravi Chiroliya who promised her to marry, thereafter they used to meet as husband and wife. In the year 2010 they married after taking the blessing of Pujari of Hanuman Temple situated at Datia Bhandare Road. It is alleged that on 21.4.2015 Ravi Chiroliya performed another marriage keeping the complainant in dark and threatened her, if she lodged the report, he would kill her. On the aforesaid, report at Crime No. 191/2015 has been registered.

(3.) LEARNED counsel for the applicant submits that complainant in her report herself admitted that she has married with the applicant, therefore, offence under section 376 of IPC is not made out. It is further submitted that there is no medical evidence against the applicant to substantiate the commission of offence under section 376 of IPC. It is prayed that prosecution of the applicant would amount to abuse of process of Court.