LAXMIKANT Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants have filed instant application under Section 482 of the Code of Criminal Procedure, 1973 (for brevity 'the Cr.P.C.') seeking quashment of FIR bearing Crime No. 49/2018 dated 21/03/2018 for commission of offence punishable under Sections 376(2)(n), 376(2)(d), 328 and 506 of the IPC registered at Police- Station-Mahila Thana, Indore.

(2.) The case of the prosecution giving rise to this petition are that complainant/respondent No.2 made a written complaint to Police- Station- Mahila Thana, Indore alleging that she met the accused persons for seeking work and she stayed at the house of applicant No.1-Laxmikant from 10/05/2012 to 30/06/2012. On 15/05/2012, accused Laxmikant added a sedative drug in her food and told that he had started liking her and on the pretext of marrying her, he made physical relations with the prosecutrix against her will. It is further alleged that applicant No.2- Devendra also established physical relations with her. This incident repeated for 20 days. The prosecutrix has also alleged that Laxmikant sent her to Khandwanaka, where one Abhishek, who with his friend also made physical relations with her, thereafter, she was sent to Surat (Gujrat), where she was forced her into prostitution. Applicant No.1-Laxmikant asked the prosecutrix to deposit the money, which she earned then it was deposited in the bank account of the accused-Laxmikant. From the year 2012 to 28/10/2017 a total amount of Rs. 20 to 25 Lacs was deposited by her. On the basis of aforesaid complaint, FIR bearing Crime No. 49/2018 was registered at Police-Station- Mahila Thana, Indore for the commission of offence under Sections 376(2)(n), 276(2)(d), 328 and 506 of the IPC against the applicants.

(3.) Learned Senior Counsel for the applicants submitted that applicant No.1-Laxmikant and the prosecutrix be friended each other in the year 2012 and he had taken a loan of Rs.11.60 Lacs on various dates from the prosecutrix. In order to settled this debt applicant No.1- Laxmikant had entered into an agreement with the prosecutrix for sale of flat situated at 401, Shrikrishna Avenue, Shanti Sapphire, Block-B, Phase-3, Plot No.5- Indore (MP) for a total consideration of Rs. 16.0 Lacs and Rs.51,000/- was given by the prosecutrix to applicant No.1 as earnest money towards the agreement. Possession of the flat was handed over to the prosecutrix on 12/09/2017. As per the clause 2 of the agreement Rs.11.60 Lacs were received by the applicant No.1- Laxmikant on various dates and a remaining amount of Rs.4.40 Lacs was to be paid by the prosecutrix within one month from the date of handing over of the possession. However, she has not paid the aforesaid remaining amount of the flat, hence, applicant No.1- Laxmikant cancelled the contract and as a counter blast, the prosecutrix has lodged the false FIR against the applicants for making pressure not to make further demand of remaining consideration amount.