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2022 Supreme(MP) 1418

SANJAY DWIVEDI
Madhur Baghrecha – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Manish Datt, senior advocate assisted by Shri Rahul Diwakar, Advocate, for the Appellant; Smt. Arti Dwivedi, Panel Lawyer, Shri Jagtendra Prasad Bansal, Advocate, for the Respondent

JUDGMENT

1. This petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure for quashing the FIR No. 62/2020 registered at Police Station Waraseoni, District Balaghat on 05.02.2020 for the offences punishable under Sections 376 and 506 of the INDIAN PENAL CODE and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. As per the case of the prosecution, a written complaint was made in the police station by the prosecutrix alleging therein that she knows the petitioner since a long time as she used to visit his shop to purchase clothes. She has stated in the complaint that frequent visit to the shop of the petitioner developed intimacy and attracted her towards the petitioner and she fell in love with the petitioner and as such they were in relation. It is alleged by the prosecutrix that the petitioner had given assurance of marriage and developed physical relation with her. As per the prosecutrix, the petitioner used to visit her house very often and they were in physical relation since long. It is alleged that as a consequence of physical relation, the prosecutrix conceived and got pregnant on 22.11.20

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