ROHIT RAMRAKHYANI Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has preferred this petition under Section 482 of Cr.P.C. for quashment of FIR bearing crime No. 170/2019 registered at Police Station- Industrial Area, Ratlam, District Ratlam for the offence punishable under Section 354, 354 (D),341, 506, 376, 376 (2) (n) of I.P.C . and all other consequential proceedings initiated in furtherance to the aforesaid FIR.

(2.) Brief facts of the case are that the prosecutrix lodged a report at Police Station - Industrial Area, Ratlam on 26.03.2019 alleging that she used to go coaching classes somewhere in last year at Vishwas Academy in guidance and teaching under the accused/applicant. Thereon, the applicant has advised to her about better coaching institution at Indore, furtherance to this, the prosecutrix asked by the applicant to take at the same in Indore, for which he had been asked her to fetch her marksheet and Aadhar Card. In acceptance of the aforesaid advise, the prosecutrix had been to Indore alongwith the applicant and alleged on him to did not let her been to any of the aforesaid particular coaching institution, rather took her elsewhere at an office where he said her to marry him, on which she refused to do so. Upon refusal of getting married to him by her, the applicant has said about his maternal relative's standing and glory through elaborating their posts occupying by them to prosecutrix and allegedly he threatened her to let her father's service being terminated. Upon threatening to prosecutrix life, she had been bound by him to let the certain documents being signed about which later on she come to know that particular signing place is in office of Arya Samaj, where her marriage papers being signed and got prepared or forged under consent. Henceforth she alleged to let her being roam here and there with him for 2 weeks and asked her to give and made statement in his favour to not being annoyed and bothered by him anymore, which would be in consideration as an stipulation to leave her, which she pursued and alleged about acted accordingly under his threat. Being abide under consideration of her statement and based on it, she had been returned at applicant place at Bhopal and thereon he does not allow to let her converse and meet her family, she also being in survival of her life with treatment of unfairly under his threat. While the applicant got disappeared for while then telephonically she had informed her family about the threatening survival with him and based on it, the respective competent police Station- Industrial Area, Ratlam had called upon to applicant alongwith prosecutrix's mother and father. From 14.02.2019, she is being living with her family and on very next day, the applicant had been to her house alongwith police and had forcefully tried to take her away alongwith him. He also been alleged by her for uploading prosecutrix's and he family member's photographs on whatsapp and facebook to disrepute her. The applicant also threaten her and family member's life, and to forcefully want her to being spent the life alongwith him.It is also allleged that whenever she comes out of her house, he keeps to follow her, blocks her way and attempts to molest her. On 11.03.2019, when she had been to Arts and Science College for appearing in examination, he came there and annoyed her, tried to hold her hand and exerted force which laid down to appear in examination. When she came out of her home on 25.03.2019 at 10:00 then he did abusive gestures to her and after being resistance by her on such abusive act, he holds her hand with wrong intention and tried to let her being gone and taken away with him. She rescued herself and got escaped in her home with her family members and which all conveyed by prosecutrix to her parents then she came to the police station for reporting the matter. On the basis of aforesaid information, police registered the FIR bearing crime No.170/2019 for the offence punishable under Section 354, 354 (D), 341, 506, 376, 376 (2) (n) of I.P.C . against the applicant and after completion of the investigation, charge-sheet has been filed before court of Judicial Magistrate, First Class Ratlam, who committed the case to the Sessions Court for trial.

(3.) Learned counsel for the applicant has submitted that the applicant is well educated, renowned teacher with goodwill in the society and has falsely been implicated in the present crime. There is absolutely no material available on record to being divulging about the commission of the alleged offence and has no involvement in commission of such offence. The prosecutrix being in an acquaintance with the applicant and besides further development of their relationship in love affair, the prosecutrix has been willingly and willful left her home alongwith carrying bag of her own which has to heed at in the complaint of missing made by prosecutrix's father on 04.11.2018. The prosecutrix has been married on her own desire and crave to being the marriage done and tied into martial relationship with the applicant at Indore, accordingly same happen on 04. 11.2018 before Vaidik Vivaah Aivam Sanskaar Samiti under Arya Vivaah Vidhi Adhimanyakaran Act, 1937 for which the marriage certificate alongwith photographs of all legal marital customs done, before the same, has been issued and duly signed by the respective authorities. The affidavits of prosecutrix and applicant in support of and legal standing, with all liabilities towards each other after marriage, of getting marry executed and notarized at the time exactly before being marry to each other. The prosecutrix about 2 weeks roaming, the delightful photographs and biometric-passes between 05. 11.2018 to 13.11.2018 which are mandatory for darshan at Shirdi, maharashtra of her alongwith applicant as newly married couple, without imposing on her at all are presented for visionary. The prosecutrix herself has sent a letter duly signed by own through speed post, to the Superintendent of Police, Ratlam, alongwith the legal standing papers enclosed for being marry to applicant. Subsequently, being into the fear and for the protection be provided to the couple from prosecutrix's parents after being known to her about the missing complaint registered by her parents. The letter been sent subsequently getting married to the applicant, with details about the acquaintance, friendship, love affair and resultantly marital status between them under her own consent. In pursuance to the happy married life, and for being into the lawful marital status, and after applying by the prosecutrix and applicant, they are also being issued Government of Madhya Pradesh, India (Department of Planning Economic & Statistics) Marriage Certificate under (M.P. Compulsory Registration of Marriage Rule 2008, 10 (2) on 18th December 2018, which is according registered in Municipality Indore, Nagar Nigam. However, the prosecutrix had been wrongfully taken in custody by the police of Industrial Area, Ratlam from the applicant and his family. The prosecutrix alongwith statement of her father, has accepting the fact of being married to the applicant. Under these circumstance, learned counsel for the applicant prays for quashment of FIR as well as criminal proceedings initiated on the basis of aforesaid FIR.