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2023 Supreme(MP) 635

DEEPAK KUMAR AGARWAL
Kailash Sharma – Appellant
Versus
State of Madhya Pradesh Incharge Police Station – Respondent


Advocates Appeared:
Shri Rajmani Bansal, for the Appellant; Shri Pramod Pachori, for the Respondent

ORDER

1. This petition has been filed under Section 482 of the Cr.P.C. for quashing of the FIR registered at Crime No.586/2022 at Police Station- Padav, District, Gwalior under Sections 376, 506 of IPC as well as under Section 3/4 of POCSO Act as well as the chargesheet and all other criminal proceedings instituted at this crime number.

2. In brief, facts of the case are that on 28.12.2022 prosecutrix aged about 17 years 10 months lodged a computerized complaint at Police Station Padav District Gwalior alleging that she is studying in 12th standard. Present petitioner and prosecutrix developed friendship through facebook and thereafter petitioner started talking with the prosecutrix on mobile phone and chatting on whatsapp. On 10.12.2020 petitioner called prosecutrix to meet her and took her to a hotel situated near Rock On Hotel and started doing obscene acts with her and started pressurizing her to make physical relation with him. When prosecutrix refused, he led the prosecutrix to believe that he is unmarried and promised to marry her and took obscene photographs of her. On 18.10.2022 petitioner again called the prosecutrix at Rock On Hotel. When the prosecutrix refused to come, p

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