MANOJ KUMAR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) - This petition under section 482 of Cr.P.C., 1973 has been filed to invoke the extraordinary jurisdiction of this Court and to quash the FIR at Crime No. 04/2016 registered at Mahila Thana, Katni, wherein offence has been registered under Sections 323, 315, 344, 346, 363, 366, 376, 494 and 506 of IPC.

(2.) The respondent No. 2/complainant lodged a written complaint before the learned JMFC, Katni alleging that she is a blind person. The petitioners, Manoj Kumar and Smt. Rajni Patel are the husband and wife. They induced the respondent No. 2 and took her to their house without her consent, she was taken into Bandakpur and informed her that he wants to marry her. When she refused and said that the petitioner No. 1 is a married man, petitioner No. 1 assaulted her and forcibly some photographs were taken. Her marriage was performed with the petitioner No. 1. When the complainant was taken to the house of the petitioner, petitioner No. 2 dressed and made her make-up and left her in a room. Petitioner No. 1 kept her as his wife for 6 months. She was not allowed to go out and not allowed to meet anyone. Because of the rape committed with her, she conceived. Petitioner No. 2 then was administered certain medicine. Because of which her pregnancy was terminated. She was subjected to cruelty. She was not given proper food and she was being harassed by the petitioners. On 10/11/2015, she submitted a written complaint to the Superintendent of Police. No action was initiated, On 17/11/2015, she was again assaulted by the petitioners. She lodged a report at Police Station Barhi, but police did not lodge her report. She was asked to put a thumb impression. On 22/04/2016, again she submitted a written complaint but no action was initiated. Therefore, the petitioners again become confident and assaulted her and threatened of her life. She therefore, filed a written complaint before JMFC Katni under section 156(3) of Cr.P.C., 1973 JMFC Katni directed the police station Barhi to lodge FIR and make investigation in this regard. On the basis of this FIR has been registered.

(3.) The petitioner claimed that the application under section 156(3) of Cr.P.C., 1973 read with section 190 of Cr.P.C., 1973 is not supported by an affidavit of the respondent/complainant. The learned JMFC committed grave error of law directing the police to lodge FIR. The entire proceeding has been vitiated. The complainant married to petitioner No. 1 with her consent and free will. She has addressed the petitioner No. 1 as her husband. Therefore, offence under Sections 363, 366, 376 of IPC is not made out. The petitioner No. 2 has not filed any complaint under Section 494 of IPC, for the she is the first wife of the petitioner No. 1. Therefore, the offence under Section 494 of IPC is not made out.