LOKENDRA KUMAR SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants have preferred this petition under Section 482 of the Cr.P.C. for quashment of FIR bearing Crime No. 480/2018 registered at Police-Station-Shujalpur, District- Shajapur for the offence under Sections 366, 376(2)(N) and 506/34 of the IPC against the applicants.

(2.) Brief facts of the case are that the prosecutrix has lodged the FIR against the applicants at Police-Station- Shujalpur alleging that on 01/01/2014, the applicant No.1 who was the previous acquiescence with the prosecutrix asked her to prepared food for him in his house as he was alone. When the prosecutrix went to his house, he committed rape with her. It is also alleged that he made a video of the alleged incident and on that basis, he threatened the prosecutrix that if she lodged the complaint against him, then he will viral this video on social media, therefore, she did not made any complaint against the applicant No.1 and thereafter, whenever he got a chance he committed rape upon her and applicant No.2-Deepak assisted the applicant No.1 in the commission of alleged offence.

(3.) Learned counsel for the applicants submitted that that the prosecutrix is a major lady and after getting divorce from her husband, she remained in live in relationship with Rishi Kumar Vijayvargiya for 12 years and thereafter, she made a physical relations with the applicant No.1 and now with intend to extract money from the applicants, she lodged a false complaint against them. There is no allegation made by the prosecutrix against applicant No.2 and he has been implicated in the present offence only on the basis that he is driver of applicant No.1. Under these circumstances, he prayed for the quashment of FIR bearing Crime No. 480/2018 registered at Police-Station-Shujalpur, District-Shajapur for the offence under Sections 366, 376(2)(N) and 506/34 of the IPC against the applicants.