ORDER

1 . Learned counsel for the petitioner is heard on the question of admission.

2. This petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner - accused for quashment of FIR No.1611/2022, registered against him at Police Station Lasudiya, District Indore for the offences punishable under Sections 377, 498(A), 323, 506, 325, 406, 190 of the Indian Penal Code and all subsequent proceedings pursuant thereto pending before the Sessions Judge.

3. As per the prosecution, on 11/10/2022 the prosecutrix lodged an FIR with police station Lasudiya to the effect that she was married to the petitioner on 16/12/2021 at Indore. After the marriage she started residing with the petitioner at Veena Nagar when she found out that the petitioner has already married twice earlier which had been concealed by him. In the marriage her father had given Rs.10,00,000/- and jewellery to the petitioner. After the marriage the petitioner kept her properly for sometime but thereafter started beating her and also started having unnatural sex with her despite her protest.

She asked the petitioner not to do so but he twisted her arm regarding which she was treated at Aurobindo Hospital Indore. After recovering she was treated in the same manner by the petitioner hence she was again admitted and treated at Barod hospital Indore. When she recovered the petitioner asked her for getting a sum of Rs.20,00,000/- from her parents house for the purpose of purchasing a house at Indore. He beat her on several occasions on that count and said that till she gets the amount he would continue to beat her and have unnatural sex with her. On one occasion he kicked her in the stomach and she had to be admitted to Bhandari Hospital Indore. Thereafter the parties started residing at Pink City Niranjanpur, Indore but the petitioner continued his demand of Rs.20,00,000/- and again beat her resulting in injury on her face for which she had to be treated at Bhandari hospital, Indore. When her parents tried to talk to the petitioner, he said that till he receives the amount of Rs.20,00,000/- he would continue with his behaviour. For the purpose of saving her marriage she had not lodged any report earlier but when there was no change in the behaviour of the petitioner who treated her like an animal, the report has been lodged by her.

4. On the FIR lodged by the prosecutrix the investigation was commenced by the police during the course of which statements of various witnesses were recorded and the relevant documents were collected. After completion of the investigation charge sheet has been filed by the police before the Court concerned for the aforesaid offences.

5 . Learned counsel for the petitioner submits that initiation and continuation of proceedings against the petitioner are a gross abuse of process of law. No offence as alleged is made out against the petitioner in the facts and circumstances of the case. The medical documents filed along with the charge sheet do not in any manner show that any unnatural sex has been performed by the petitioner upon the prosecutrix. No reason has been given for the delay in lodging of the FIR. The version given by the prosecutrix to the treating doctor is not corroborated and the version as has been narrated by her in the FIR is contrary to the earlier version given by her to the police. It is the prosecutrix who has been misbehaving with the family of the petitioner on account of which petitioner's mother had filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before Judicial Magistrate First Class, District Indore against the prosecutrix and her family members. In those proceedings statement of the prosecutrix was recorded at one stop centre on 8/10/2022 but she did not state anything about the allegation as has been levelled by her in the present matter. Written complaint has also been made by petitioner's mother to the police stating that