ORDER :

1. The petitioner has filed this petition under Section 482 of the Cr.P.C. for setting aside the order dated 24.11.2023 (Annexure P/1) passed by the learned Special Judge (Atrocities Act) North Bastar Kanker (C.G.) in Special Session Case No. 07/2019 by which the application filed by the petitioner under Section 311 of the Cr.P.C. has been rejected.

2. The petitioner is facing trial under Sections 376. 294, 354, 450 of IPC read with Section 3 (2) (v) of the Schedule Caste & Schedule Tribe (Prevention of Atrocities) Act, 1989 and Section 67 (A) of Information Technology Act. After framing of charge, the witnesses have been summoned and the prosecutrix has been examined. The prosecutrix was examined before the learned Special Judge wherein she has stated that she is known to the accused as she was also posted as clerk in the Collectorate Branch, Kanker. Thereafter, they developed friendship and the accused used to say that he loves her and wants to marry her. The petitioner has provided rent accommodation of the house where he was also residing in the month of April, 2015 and thereafter started staying at night in the room of the victim and made an attempt to have physical relationship with her which was objected by the prosecutrix. She has also stated that she is not agreeable to marry with the petitioner as both belong to different castes and still he used to say that despite different caste, he is ready to marry her and thereafter alluring her, he has forcefully made physical relationship with her and started living in the room and continuously making relationship with her. She has also stated that when the accused was transferred to Jabalpur region he used to send ticket to her to visit Jabalpur and thereafter he has made physical relationship with her on the pretext of marriage. It has also been stated by her that in the year 2016, the marriage of the accused was fixed with some other girl, as such, he started maintaining distance with the prosecutrix and when she visited to his house at Jabalpur, he has not allowed her to enter into his home. When she insisted him for marriage, he has abused her. Therefore, she has lodged the complaint. The prosecutrix was extensively cross-examined by the defence counsel before the trial Court.

3. Learned counsel for the petitioner would submit that the petitioner has filed WPCR No. 200/2019 before this Court wherein, this Court has passed the following order:-

“Learned counsel for the petitioner submits that the compromise has been effected between the petitioner and complainant as they were maintaining live-in relation, out of which, the alleged offence was said to have been committed.

Without any further observations on merits of the case, it is observed that the parties may record their statements before the Additional Registrar (Judicial) on 20.06.2022.

Subsequently, the merit of the case with respect of compounding the offence shall be considered at a latter state.”

4. The said WPCR has been dismissed by Hon’ble Division Bench of this Court on 18.03.2023, the operative part of the order is reproduce of below:-

“The offences under which the charge-sheet has been filed are all non- compoundable offences and even if the complainant wishes to take back her complaint, the same may not be allowed. Firstly, the complainant has made serious allegations against the petitioner that she has been abused and exploited sexually and has been uttered filthy language naming her caste. For the reasons best known to the respondent No. 2, she now intends to withdraw her complaint and does not want any action to be taken against the petitioner which cannot be done at this stage when the trial is under progress and the statement of the complainant/respondent No. 2 has been recorded by the learned Trial Court where she has deposed against the petitioner with regard to sexual exploitation. Further, out of total 21 prosecution witnesses, statement of 19 witnesses have been recorded and only two formal witn