SANJAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C., has been fled to invoke the extra ordinary jurisdiction of the Court and to quash the FIR at Crime No. 171/2015, registered at P.S. Dheemarkheda, District Katni, for offence under Section 376(2), read with Section 506 of IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act and subsequent criminal proceeding of S.T. No. 18/2015 pending before the Additional Sessions Judge, Katni.

(2.) The facts of the case in brief is that the prosecutrix, below 18 years was studying in Class eighth. On 05.07.2015, at about 07:30 p.m. when she was loitering in front of her house, her neighbor, the petitioner/accused Sanjay Kacchi called her, enticed her and with the promise to marry committed sexual intercourse with her. She was later threatened not to disclose about the incident to anyone. Subsequently, she disclosed the incident to her uncle Anil, who ultimately informed her parents about the said incident. On 04.09.2015, she along with her father lodged the report at P.S. Dheemarkheda.

(3.) After investigation, chargesheet was filed. The case was commited to the Sessions Court. First ASJ, Katni in Special Case No. 18/2015 framed charges for offence under Section 376(2) of IPC, read with Section 6 of the Protection of Children from Sexual Offences Act.