Ramesh vs State of M. P. - 2021 Supreme(MP) 163

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(MP) 163

VIVEK RUSIA
Ramesh – Appellant
Versus
State of M. P. – Respondent

Advocates Appeared:
For the Appellant : Gopal Krishna Patidar, Learned Counsel.
For the Respondents: Vishal Singh Panwar, Learned Panel Lawyer and R.B. Singh, Learned Counsel.

JUDGMENT :

Vivek Rusia, J.

1. The applicant has filed the present petition under Section 482 of Code of Criminal Procedure (hereinafter referred as "Cr.P.C.) seeking quashment of FIR No. 268/2019 dated 20.06.2019 registered at Police Station - Kotwali, District Dhar for the offence punishable under Section 376, 376 (2) (n), 294 of Indian Penal Code (for short "I.P.C.) and Section 3/4 of Protection of Children From Sexual Offence, Act, 2012 (for short "POCSO").

2. After filing, this petition Final Report (Chalan) has been filed under Section 173 of Cr.P.C. for the offence punishable under Section 376, 376 (2) (n), 323, 294, 506, 450 of I.P.C. and Section 3/4 and 5(l)/6 of POCSO Act.

3. The facts of the case, in short, is that the respondent No. 2 (hereinafter referred as "Prosecutrix") submitted a written complaint to Mahila Thana Palasiya, Indore disclosing the commission of the offence as under:

"At present she is pursuing the studies of M.A. In the year 2013, she was studying in B.Sc. first year and the present applicant being a resident of Village Kalmani, Tehsil Dahi, District Dhar was also pursuing the study in the same college. Since he belongs to his caste and community, therefor

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