JUDGMENT

1. This application under Section 482 of CrPC has been filed for quashment of the charge-sheet arising out of Crime No.954/2017 registered at Police Station Dabra Distt. Gwalior for offence under Section 498-A, 323, 294, 506, 377, 34 of IPC and its subsequent proceedings in S.T. No.96/2019 pending before the Court of Additional Sessions Judge, Dabra Distt. Gwalior for offence under Section 498-A and 377 of IPC.

2. It is submitted by the counsel for the applicant that on the complaint made by the respondent No. 2, he is facing charges under Section 498-A and 377 of IPC. Initially, respondent No. 2 had not made any allegation of unnatural sex, but after due deliberation, the allegations were made in her statement recorded under Section 164 of CrPC. The presence of sperms in the slide is unrealistic because according to the respondent No. 2 herself, she is residing separately from the applicant. Furthermore, as per the medical evidence, the life of sperms is limited and, therefore, the presence of sperms as per the FSL report is false. It is further submitted that the FIR was lodged against other co-accused persons also and this Court by order dated 13.03.2019 passed in M.Cr.C.