ARJUN S/O. SHAMBHULALJI Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition u/s. 482 of Cr.P.C. seeking quashment of First Information Report (FIR) registered against him under Crime No.168/2018 u/s. 365, 366, 376m 376(2)(f)(n), 344 and 109 of IPC.

(2.) Brief facts of the case necessary for disposal of this petition are that on a complaint made by one Reena Ekka on 1.5.2018, FIR was registered at Police Station Garoth, District Mandsaur against the present petitioner and one Babu S/o. Ghanshyam Meena. As per information recorded in the FIR, Heeralal lodged the missing person report in Police Station Haja which was registered Missing Person Case No.16/2018 dated 6.4.2018 in respect of missing of Kankubai W/o. Heeralal Meena. Thereafter, on 1.5.2018, a complaint was made in Police Station Garoth that on 5.4.2018, prosecutrix was in the house along with her two minor children and her husband went to the work in the field. The accused - Arjun and Babulal came on motorcycle and told her that her husband has become sick and he is in Shyamgarh Hospital. They took the prosecutrix to the hospital on the motorcycle, but reached to the Shyamgarh Railway Station, from there Babulal left the Railway Station. Thereafter, Arjun took her to Baroda on the pretext that her husband became more serious and shifted to Baroda Hospital. She was kept in a room for 8 days and Arjun committed repeated attempt of rape on her. On 8 th day, the prosecutrix called her husband from the mobile of Arjun, but the call was not answered. Next day morning, her husband called her on the same number and she narrated the entire incident. Thereafter, Arjun brought the prosecutrix to the village Kherkheda by train and she lodged the FIR. Police recorded the statement of prosecutrix as well as her husband and other witnesses. She was sent for medical examination and after completion of usual investation, challan has been filed before the Judicial Magistrate, First Class u/s. 365, 366, 376m 376(2)(f)(n), 344 and 109 of IPC.

(3.) The petitioner has been enlarged on bail by this Court and he has now approached this Court u/s. 482 of Cr.P.C. seeking quashment of the FIR.