SANJAY DWIVEDI
Gopal Oyam – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. This petition has been filed by the petitioner under Section 482 of Cr.P.C. for quashing the FIR No. 143/2020 dated 20.10.2020 registered at Police Station-Industrial Area, Satlapur, District Raisen for the offence punishable under Section 376(2)(n) of IPC.
2. Learned counsel for the petitioner submits that in view of contents of FIR and the statement given by the prosecutrix under Section 164 of Cr.P.C. and the fact that she has refused to get herself medically examined, it is clear that no case of Section 376 of IPC is made out against the present petitioner and as such, criminal proceedings initiated against him vide FIR No. 143/2020 are liable to be set aside.
3. As per the case of the prosecution, on 20.10.2020, the prosecutrix lodged an FIR against the present petitioner stating therein that on the false pretext of marriage, the petitioner developed physical relations with the prosecutrix against her wish. As per the prosecutrix, she was the resident of Gram Khanpura, Police Station Satlapur, District Raisen and while studying, she developed friendship with the present petitioner through face-book and thereafter in May, 2020, the parents of the petitioner and the pro
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