1. This application under section 482 of CrPC has been filed for quashing the first information report in Crime No.333 of 2015 registered by PS Kotwali District Ashoknagar for offence under sections 366 and 376 of IPC as well as all other consequential proceedings.

2. During pendency of this petition, it appears that the charges were also framed, therefore, by amendment application, the applicant has incorporated the relief for quashing the charges also.

3. The necessary facts for the disposal of the present application in short are that on 27.5.2015, complainant made a written complaint to the police alleging that in the morning of 3rd April, 2015, she had gone to Ashoknagar by Sabarmati Train from Piprai to her uncle's house. At Ashoknagar Railway Station, the applicant who is working with her on the post of Vice Principal in Saint Joseph co-education School Piprai met her and informed that he is going to Bhopal in connection with some urgent work of the school and would come back by the night, therefore, she may also accompany him. As the complainant was teaching in the same school, therefore, being obedient subordinate of the applicant, she went to Bhopal along with the applicant. At Bhopal, the applicant took her to a house of one Annu Chaursiya and said that tomorrow morning, he would complete the work and will go back. The applicant also kept mobile of the complainant as well as her mark-sheets of Class 10th and 12th with him. On the next morning, tea and biscuits were given to her, thereafter, the complainant lost her consciousness. On 5.4.2015, she regained her consciousness and found that the applicant was with her and taking advantage of her unconsciousness, he had developed physical relations with her and had taken photographs also. He also informed that now, they have married and thereafter, he was forcibly committing rape on her and was extending threat that he would throw acid on her and would upload her photographs on Whatsapp. The applicant is continuously blackmailing the complainant and as the complainant was afraid of the applicant, therefore, she did not lodge FIR immediately at that time and now, she is making written complaint against the applicant and the applicant may also be directed to return her mark-sheets.

4. On this written complaint, police registered an FIR on 27.5.2015, recorded the statements of the witnesses and after completing all the formalities filed charge sheet against the applicant for offence under sections 366 and 376 of IPC. It appears that during pendency of this application, the trial Court also framed charges against the applicant for offence under sections 366 and 376 of IPC.

5. It is submitted by counsel for the applicant that the prosecutrix has not appeared before the trial Court for giving her evidence. He further submitted that in view of the judgment passed by the Supreme Court in the case of Satish Mehra v. State of N.C.T of Delhi [2013 CriLJ 411], merely because, the case is fixed for recording of evidence, cannot be a ground to dismiss the petition under section 482 of CrPC It is further submitted by counsel for the applicant that in fact, the allegations made in the FIR are false-ab-initio and a false FIR has been lodged by the prosecutrix because, after she was recovered by the police, she had given a statement to the police on 7.4.2015 and in that statement, she had specifically stated that she had gone voluntarily with the applicant. It is further submitted by counsel for the applicant that in fact, applicant and complainant were in love with each other and they have performed marriage. So far as the averment of taking mark-sheets of class 10th and 12th of the complainant is concerned, the same is false because, the police during investigation had demanded mark-sheets of class 10th and 12th from the prosecutrix and the brother of the prosecutrix namely Amit had given it in writing that the mark-sheet of class 10th of the complainant is available and the mark