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2024 Supreme(MP) 221

SUBODH ABHYANKAR
Subham – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
Sachin Parmar for petitioners; Ms. Harshita Soni, Government Advocate for respondent No. 1/State; Nitin Parashar for respondent No. 2; Prosecutrix in person.

ORDER

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

2. This petition has been filed under section 482 of Cr.P.C. for quashing the FIR, charge-sheet and the subsequent proceedings in Special Case No.343 of 2023 against the petitioners arising out of Crime No.270 of 2023 for offences punishable under sections 376(2)(n), 506, 323, 344 and 34 of IPC and sections 3, 4, 5 (L) and 6 of the Protection of Children from Sexual Offences Act, 2012 pending in the Court of Special Judge, Indore.

3. In brief, the facts of the case are that the FIR in the present case was lodged on 3.12.2023, by the prosecutrix aged around 16 years in respect of the offence of rape, which was committed on her from 1.8.2019 to 25.11.2023, and she was also forced to marry the petitioner No.1 Subham Verma in the presence of his mother Rekhabai, petitioner No.2. As a result of this incident, the prosecutrix also gave birth to a girl child on 13.11.2021, and after the birth of the child, she was also harassed by the petitioners.

4. Counsel for the petitioners has submitted that although the case is pending before the trial Court, however, the prosecutrix has not been examined in the trial Court and in fact she was a c

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