RADHESHYAM CHOUHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this petition under Section 482 of the Code of Criminal Procedure praying for quashing of Crime No.0005/2019 registered at Police Station, Misrod, Bhopal, Distt. Bhopal for the offence punishable under Sections 376, 506 of IPC as well as under Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989.

(2.) The facts giving rise to this petition, in short, are that prosecutrix/respondent No.3 filed a complaint against the applicant before respondent No.2-SHO, Police Station, Misrod, Bhopal alleging therein that her husband was working under the applicant and her husband was provided a temporary accommodation in the under-construction building. On the occasion of Holi festival, the applicant along with other friends came over the temporary hut of the applicant and sent her husband for carrying water from the lower side of the multi. When her husband went to fetch the water from the down side of the building, the applicant found prosecutrix alone in the hut and forcibly committed rape upon her and gave threat that if she will utter the incident to any one, he will kill her husband. Prosecutrix, in fear, did not utter the incident to her husband, however, whenever she tried to make a complaint, the applicant always threatened her of the dare consequences and ultimately she mustered courage and uttered the whole incident to her husband who told her to make a complaint against the applicant, then she made a written complaint to respondent No.2. Respondent No.2 registered FIR as Crime No.005/2019 for the offence punishable under Sections 376, 506 of IPC and also under Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 and started the investigation, sent the prosecutrix for medical examination, recorded the statement of witnesses under Section 161 of Cr.P.C. Statement of prosecutrix had also been recorded under Section 164 of Cr.P.C. before the Court of JMFC, Bhopal.

(3.) Being aggrieved by registration of the FIR against the applicant, the applicant filed this petition for quashing the FIR on the ground that he has falsely been implicated. FIR had been lodged after three years from the date of incident. Husband of the applicant was working under the applicant. He was not working properly on account of that he was expelled from the service and for taking revenge, prosecutrix with mala fide intention lodged a false FIR for pressurizing the applicant to take her husband in service and prays to quash FIR.