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2024 Supreme(MP) 69

PREM NARAYAN SINGH
Sanjay Singhania S/o Shri Prakash Singhania – Appellant
Versus
State Of Madhya Pradesh Station House Officer Through Police Station Banganga Dit. Indore (Madhya Pradesh) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Rounak Choukse, Adv.
For the Respondent: Shri Arjun Pathak, Shri Kshitij Vyas, Adv.

ORDER :

1. Heard finally, with the consent of the parties.

2. This petition under Section 482 of Cr.P.C. is preferred by the petitioners for quashment of the FIR dated 12.07.2023 registered bearing Crime No.1142/2023, at Police Station Banganga, District Indore, under Sections 376 and 506 of IPC and the consequent proceedings arising out of it.

3. As per the prosecution story, the complainant has lodged an FIR that the prosecutrix is living separately from her husband and indulged in the work of sewing. The petitioner, who is a builder has called her regarding a flat. On his call, she met him and after becoming aware from the flats, she returned to her home. Further, the petitioner has called her to finalize the deal of flat. On 13.06.2023, he called her to see his flats and in this sequence, he has taken her to a hotel, after some time, the petitioner take her in a room and close the door and thereafter, he made physical relations with her forcibly without her consent. When she declined, the petitioner threatened her that he will kill her son. Hence, the police has lodged the FIR against the petitioners.

4. It is submitted by both parties that during pendencey of the case, they have s

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