RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has preferred this petition under Section 482 of Cr.P.C. for quashment of FIR bearing Crime No.102/2019 dated 20.02.2019 registered at Police Station Narsinghgarh, District Ratlam for the offence punishable under Section 366, 343, 376 (2) (n) and 506 of I.P.C.

(2.) Brief facts of the case are that the complainant (hereinafter referred as " Prosecutrix") aged about 18 years four months lodged a written complaint at Police Station- Narsinghgarh against the applicant alleging that she is studying in 11th class. On 20.12.2018, she was going to school, at that time applicant came there on his motorcycle and told her that he will drop her at School. Initially the prosecutrix refused to go with him but applicant told her that he is going towards her school, therefore on believing him, she sat on motorcycle but he did not take her at school and when she asked him where he is taking her then applicant threatened her on point of knife and took her Bairagarh where he forcefully detained her in a room and made physical relationship with her. He also got signature of the prosecutrix in some documents relating to their marriage and committed rape upon her for period 8-9 days. After getting opportunity, she informed her brother-in-law on mobile, then her brother-in-law Mukesh came their with Narsinghgarh police. On the basis of the said complaint, police registered an FIR bearing crime No.102/2019 against the applicant for commission of offence under Section 366, 343, 376 (2) (n) and 506 of I.P.C.

(3.) Learned counsel for the applicant has submitted that at the time of alleged incident, the age of the prosecutrix was above 18 years and she was major. She is fully developed girl and she had gone with the applicant with her own will. On 26.12.2018, she marry with the applicant and their marriage was registered under Section 4-14 Rule 10(2) of Special Marriage Act before Department of Planning Economic & Statistics, Madhya Pradesh. Thus the prosecutrix is legally wedded wife of the applicant, this fact also got supported with the application filed by the prosecutrix under Section 13 (1) of Hindu Marriage Act against the applicant on 02.02.2019 before Second Additional Judge, Narsinghgarh, District Rajgarh with her affidavit. In the aforesaid petition, she did not allege that the applicant abducted her and contracted marriage using force. Under these circumstance, the aforesaid offence is not made out against the applicant. Hence, they prayed for quashment of the FIR.