VINDESH JAYSAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure has been filed by the petitioners seeking quashment of First Information Report (FIR) registered at Crime No.546 of 2019 by Police Station Janakganj, District Gwalior (M.P.) for the offence punishable under Ss. 376, 323, 506, 34 of IPC and Ss. 3(1)(d), 3(1)(dha), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) and all consequential proceedings.

(2.) As per prosecution story, the complainant/prosecutrix, daughter of Satish Maurya, aged about 20 years, resident of Sunar Ki Bagiya, Ramdas Ghati, appeared before Police Station Janakganj, Gwalior, along with her mother Phoolwati, and submitted a written complaint alleging that about three months prior to the lodging of the report, the complainant had gone to get wheat grind into flour at the flour mill of the accused Vindesh Jaiswal (petitioner No.1). The accused allegedly asked her to bring money from his house, stating that he had to pay the cart owner. Acting on this request, the complainant went to the house of the accused, who followed her there. It was further alleged that upon reaching the house, the wife of the accused offered the complainant water to drink. Thereafter, the accused allegedly bolted the door of the house from inside and sent his wife outside. The accused is alleged to have thereafter committed forcible sexual intercourse with the complainant. It was further alleged that when the complainant regained consciousness, she found herself without clothes and started crying. Upon asking for her clothes, the petitoner No.2/wife of the accused allegedly handed them over, after which the complainant returned to her house. It was further alleged that the complainant did not disclose the incident to anyone due to threats extended by the accused that if she disclosed the incident, he would kill her and her brother. It was further alleged that on 24/7/2019, the accused again assaulted the complainant at his shop. Thereafter, the complainant allegedly disclosed the entire incident to her mother and brother and, on the next day, approached the police station along with her mother to lodge the report. On the basis of the said complaint, alleged F.I.R. was registered against the petitioners, and the matter was taken up for investigation.

(3.) Learned counsel for the petitioners submitted that the impugned First Information Report and the consequential criminal proceedings are liable to be quashed in exercise of the inherent powers of this Hon'ble Court under Sec. 482 of the Code of Criminal Procedure, as continuation of the same would amount to a clear abuse of the process of law and would not serve the ends of justice.