ORDER

1. This petition under section 482 of Cr.P.C. has been filed by the applicant seeking quashment of FIR registered as Crime No.132/2023 at Police Station -Kampoo, District- Gwalior (M.P.) for the offence punishable under sections 376, 376(2)(b), 376(2)(n), 354 and 506 of IPC and other consequential proceedings arising therefrom.

2. Brief facts of the case are that on 6.4.2023, prosecutrix/complainant lodged a computerized complaint at Police Station Kampoo, District- Gwalior (M.P.) alleging that she is aged 23 years and she is student of B.Sc. in K.R.G. Collage. In the year 2022, she was 2nd year of B.Sc. when she was introduced to the applicant who was the professor and was holding the post of H.O.D. Of Biotechnology. She was under stress due to failure of her second year paper then the applicant came in her contanct and they became friends and applicant assured her that if she would obey him, he would get her passed in the exams in future and also make her professor in the collage. Thereafter, applicant and prosecutrix exchanged their mobile numbers and started talking on mobiles phones. Thereafter, on 9.4.2022, applicant called her in his chamber and molested her with bad intention. When the prosecutrix objected the same, applicant threatened her to spoil her career, due to which, she did not tell about this anybody. Thereafter, applicant started calling her at collage any time again and again and kissing and touching with bad intention. On 27.2.2023, applicant took her from the Collage to his friend's hotel situated at Dabra highway by his car bearing Registration No.MP07-PA-5181 and committed rape with her forcefully and threatened her not to tell about this to her family members. Thereafter, he left her at the temple of Mandre Ki Mata. Thereafter, on 5.4.2023, applicant called the prosecutrix by making phone upon her mother's mobile and took her again to his friend's hotel situated at Dabra highway and committed rape with her forcefully and at about 4:00 p.m., applicant left the prosecutrix at Kampoo and he threatened to kill her and her family members if she narrated the incident to anyone. On the basis of aforesaid, crime has been registered against the applicant. She was sent for medical examination. Nothing adverse has been found on the body of the prosecutrix. Statements were recorded. Thereafter, applicant was arrested on 6.4.2023. After investigation, charge sheet has been submitted.

3. It is submitted by learned counsel for the applicant that FIR has been lodged by the prosecutrix on 6.4.023 after more than one month of the incident i.e. 27.2.2023 with mala-fide intention just to take undue benefit. The complainant/prosecutrix is a major lady aged 23 years and she is well versed with pros and cons of making friendship with the male person. She knew the applicant very well for last one year. She has made physical relations with the applicant on her own consent and free will. The prosecutrix was in relationship with applicant over a significant period of time, therefore, consent of the prosecutrix is not obtained by misrepresentation. Just to take undue benefit, she has lodged a false FIR. It is further submitted that if prosecutrix was exploited by the applicant without her consent, being a major girl, first of all, she had to lodge the FIR against him or tell her parents about this but she did not it. She knew the applicant from last one year when she was studying in the year 2022 and if any woman continues to remain in physical relationship for a long period, then it cannot be said that her consent was obtained by misconception of fact. To buttress his contentions, the counsel for the applicant has relied upon the judgments passed by the Supreme Court in the case of Deepak Gulati v. State of Haryana AIR 2013 SC 2071, Tilak Raj v. State of Himachal Pradesh AIR 2016 SC 406, Uday v. State of Karnataka (2003) 4 SCC 46, Pramod Suryabhan Pawar v. State of Maharashtra and Anr. (2019) 3 SCC (Cri.) 903, Sonu @ Subha