NITESH RAGHUVANSHI Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Section 482 of CrPC has been filed for quashment of FIR in Crime No.377 of 2018 registered at Police Station Basoda City, District Vidisha for offence under Section 376(2)(n) of IPC and under Section 5L / 6 of Protection of Children from Sexual Offences Act, 2012 [in short 'POCSO Act'].

(2.) The necessary facts for disposal of the present petition in short are that on 24/07/2018, a FIR was lodged by the prosecutrix/ complainant that she is the resident of Village Pachama, Basoda, District Vidisha and in the year 2017 she was studying in Class-IX and she used to go to the school by walking. The applicant was working in ICICI Bank and used to visit her village in the house of his relative Bhavani Singh Raghuvanshi, who is resident of her village Pachama, Basoda. By the passage of time, she fell in love and the applicant used to have physical relations with her on the pretext that he would marry her and thereafter, he did not marry her, therefore, on her report, the applicant was arrested on 24/03/2017. Thereafter, the applicant pursued the complainant to change her version on the pretext that he would marry her and thereafter, relying on the assurance given by the applicant, the complainant changed her statement. The applicant was released on bail and he again had physical relations with her. Thereafter, on 27/06/2018, she went to Basoda in order to attend the marriage of one Raju Kushwah, where the applicant had physical relations with her for the last time on the pretext that he would marry her. Thus, it was alleged by the complainant that she is minor and because of continuous physical relations developed by the applicant, she has become pregnant but now, the applicant has refused to marry her. On this allegation, the FIR for offence under Section 376(2)(n) of IPC and under Section 5L/6 of POCSO Act was registered in Crime No.377 of 2018 by police station Basoda City, District Vidisha.

(3.) It is submitted by the Counsel for the applicant that the FIR has been lodged on the false allegations. On 18/03/2019, the applicant has married the complainant and now, they are living their life peacefully and accordingly, the FIR be quashed. In support of his contention, the applicant has filed the copy of marriage certificate issued by Arya Samaj Mandir, Bhagirathpura, Indore, which indicates that on 18/03/2019, the marriage of the applicant with the complainant has been performed. It is further submitted that at present also, the complainant is pregnant and in case, if the FIR is not quashed, then the life of the applicant as well as of the complainant would be ruined and as the applicant has married the complainant, therefore, there is no possibility of his conviction and, therefore, the FIR be quashed.