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2024 Supreme(Online)(MP) 41548

HIGH COURT OF MADHYA PRADESH
Sanjay Dwivedi, J
Nageshwar Prasad Jaisal – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
For the Appellants/Petitioners: Shri Manish Datt, Shri Eshaan Datt
For the Respondents: Shri A. Bhurok

Table of Content
1. petitioner seeks quashing of fir based on consensual relationship. (Para 1 , 2)
2. prosecutrix's statement reaffirms her complaint. (Para 3)
3. arguments presented regarding consent and misconception of fact. (Para 4 , 5)
4. court analyzes the relationship and consent over 10 years. (Para 6 , 7)
5. court references legal precedents on consent and false promises. (Para 8 , 9)
6. court concludes the relationship does not constitute rape. (Para 10 , 11 , 12)
7. court quashes fir due to lack of evidence for rape. (Para 13)
8. final order quashing the fir and proceedings against the petitioner. (Para 14)

ORDER

Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure seeking quashing of charge sheet/Final Report filed against the petitioner by respondent No. 1 on account of registration of a criminal case vide Crime No. 54/2021 at Police Station Mahila Thana, District Katni for the offence punishable under Sections 376 , 376(2)(n) , 506 and 366 of the Indian Penal Code .

2. As per the case of the prosecution and the contents of FIR, on 26.11.2021, a written complaint was made to the police at Mahila Thana, Katni by the prosecutrix alleging therein t

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