ISHWER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant/accused have preferred this petition under Section 482 of the Cr.P.C. for quashment of FIR bearing Crime No. 216/2018 registered at Police-Station-Depalpur District-Indore for the offence punishable under Sections 294 , 323 , 506 and 376(2) (n) of the IPC alongwith Sections 3(2)(v) and 3(1)(w)(ii) of the SC/ST(PA) Act, 1989.

(2.) Brief facts of the case are that the complainant/prosecutrix lodged the FIR against the applicant at Police-station-Depalpur alleging that in the year 2011, she has gone to Depalpur for some work, where she met with the applicant and on the pretext of marriage, the applicant made physical relations with her, however, before 6 months applicant refused to marry with her and threatened to kill her. On the basis of this information, police registered Crime No. 216/2018 against the applicant for the offence punishable under Sections 294 , 323 , 506 and 376(2)(n) of the IPC alongwith Sections 3(2)(v) and 3(1) (w)(ii) of the SC/ST(PA) Act, 1989.

(3.) Learned counsel for the applicant submits that on 03/01/2017, the complainant/prosecutrix lodged a written complaint against the present applicant for the same allegation at Police-station-Depalpur, District-Indore, however, on 04/01/2017, she filed an affidavit, in which she fairly stated that she has made false complaint against the applicant under the influence of some Advocates, therefore, police did not take any action on the said report. Thereafter, prosecutrix again lodged the FIR for the same allegation against the applicant, which clearly shows that this FIR is false and fabricated and deserves to be quashed.