Order on Board

Digitally signed by VEDPRAKASH DEWANGAN Per Ramesh Sinha, C.J.

13/02/2025

1. The present Criminal Miscellaneous Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner for quashing of the FIR dated 19.02.2022 of Crime No. 25 of 2022 registered at Police Station Tapkara, District Jashpur (C.G.) for the offence under Sections 376(2)(n), 312 of IPC and Section 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short ‘SC/ST Act’) and also challenged the charge-sheet dated 11.03.2022 along with the charge framed against him for the offence under Sections 376(2)(n), 312 of IPC and Section 3(2)(v) of SC/ST Act with the following prayer in the petition :-

“3.1 That, the petitioner above named most respectfully prays to this Hon'ble Court to call for entire record pertaining to Special Case(SC/ST) No. 05/2022 (State of Chhattisgarh V/s Aniruddha Kumar Singh), pending trial before the learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Jashpur (Chhattisgarh).

3.2 That, the petitioner above named most respectfully prays to this Hon'ble Court to quash the FIR dated 19.2.2022 lodged at police station Tapkara, District Jashpur (Chhattisgarh) for offence U/S.376 (2) (n), 312 of IPC and section 3 (2) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Charge Sheet U/s 173 of Cr.P.C. dated

11.03.2022 contained in Annexure-P/1.

3.3 That, the petitioner above named most respectfully prays to this Hon'ble Court to quash the charges framed against the petitioner under the provisions of the Cr.P.C. for an alleged offense offence U/S.376 (2) (n), 312 of IPC and section 3 (2) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 contained in Annexure-P/3.

3.4 That, the petitioner above named most respectfully prays to this Hon'ble Court to set aside the criminal proceedings in connection with Special Case (SC/ST) No. 05/2022 (State of Chhattisgarh V/s Aniruddha Kumar Singh), pending trial before the learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Jashpur (Chhattisgarh) against the petitioner.

3.5 Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice. An affidavit is filed herewith”

2. The brief facts of the case are that the petitioner is an accused in the aforesaid offence of Crime No. 25 of 2022, registered at Police Station Tapkara for the aforesaid offences. The victim/respondent No.3 has lodged a written report to the police on 19.02.2022 with the allegation that she is working as Anganbadi Karyakarta since 2011 and the present petitioner has committed rape upon her on 10.06.2018 on the pretext of marriage. He regularly given some amount to her for house hold expenses and also gave gifts time to time. After sometime when she conceived pregnancy, he administered the abortion pills. Whenever she asked him to marry with her, he evaded since last 4 years. On 18.02.2022, he performed marriage with another girl, therefore, she lodged the report. The FIR has been registered against the petitioner on 19.02.2022 and after investigation and recording statement of the witnesses, charge-sheet has been filed before the learned trial Court on 11.03.2022 for the offence under Sections 376(2)

(n), 312 of IPC and Section 3(2)(v) of SC/ST Act. The learned trial Court has taken cognizance and framed charge on 09.05.2022, which are under challenge in the present petition.

3. Learned counsel for the petitioner would submit that the victim has not stated anything in her written complaint nor her statement that she was sexually abused by the appellant against her will or consent. Rather, it appears from the written complaint and the police statement that their relationship was consensual, which continued for about 3-4 years.