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2023 Supreme(MP) 847

SUJOY PAUL
Yogendra Singh Rajput – Appellant
Versus
State Of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Deepak Kumar Singh
For the Respondent: Akhilendra Singh, R. S. Mehndiratta

JUDGMENT :

1. This application filed under section 482 of Criminal Procedure Code assails the F.I.R. dated 19-5-2020 in Crime No. 298/2020.

2. In short, the case of applicant is that on 19-5-2020 complainant lodged the F.I.R alleging that applicant developed physical relation with her from 9-11-2018. As per the complaint, the complainant was in contact with applicant for more than two years. They had friendship which converted into a love affair. The applicant gave a promise to marry the complainant and on that pretext, developed physical relation with her at Narmada Mall, Hoshangabad.

3. Grievance of complainant is that when she made a request to actually solemnize marriage, the applicant declined to do so.

4. Shri Deepak Kumar Singh, learned counsel for the applicant placed reliance on the statement of complainant recorded under section 161 and 164 of Criminal Procedure Code. In addition, statement of her father recorded under section 161, Criminal Procedure Code was also relied upon. On the basis of these statements, it is submitted that it is a case of mutual consent of two adult persons. The offence as alleged against the applicant is not made out. If story of prosecution is read

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