IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

th

ON THE 13 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 44081 of 2024

VIPIN BATHAM

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Arvind Singh Chauhan - Advocate for the petitioner.

Shri Brijesh Kumar Tyagi - Public Proseuctor for the respondent

No.1/State.

None for the respondent No.2 though served.

ORDER and thereafter a friendship developed between them. Subsequently, they began talking on the phone, and he used to take her out, expressing his liking for her and assuring her that he intended to marry her. On the basis of such assurance, for the first time on 07.06.2017 at about 12:00 noon, he took her to Safari Hotel, Bajaria, near the Railway Station and established physical relations. Thereafter, on several occasions he took her to the same place and repeatedly established physical relations with her, the last such act allegedly occurred on 27.10.2023. Later, when both families became aware of their relationship and the prosecutrix’s family proposed marriage, the accused’s family refused and when the prosecutrix herself insisted on marriage, the accused also refused, stopped communicating with her, and threatened to kill her if she approached the police. On the basis of the said written complaint, Crime No. 94/2024 was registered at Police Station Padav, District Gwalior, for offences under Sections 376, 376(2)(n), and 506 of the Indian Penal Code, statements of prosecutrix were recorded and after investigation, charge-sheet in the matter was filed.

This petition under Section 528 of BNSS has been filed by the

petitioner seeking quashment of FIR bearing Crime No.94/2024 registered at Police Station Padav District Gwalior for offence punishable under Sections 376, 376(2)(n), 506 of IPC and all consequential proceedings arising

therefrom including S.T. No. 441/2024.

2. The brief facts of the case are that the incident is alleged to have

occurred between 07.06.2017 and 27.10.2023, and a written report in this regard was lodged by the prosecutrix at Police Station Padav on 05.03.2024. The prosecutrix stated that she is a resident of Rajamandi, Kilagate, Gwalior. In the year 2016, she met Vipin Batham, son of Mangal Singh Batham, resident of Rajamandi, Kilagate, Gwalior, while going to coaching classes,

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. During the course of investigation, blood samples of both the prosecutrix and the petitioner were collected for DNA analysis, but the DNA report has returned negative, which materially weakens the prosecution case. The petitioner is a compounder by profession and was working as nursing staff at Maheshwari Nursing Home. During the COVID period, when the prosecutrix fell ill, the petitioner came into contact with her in the course of her treatment. It is submitted that the prosecutrix was also residing in the petitioner’s neighborhood. Owing to this proximity, after her discharge from the nursing home, the petitioner used to visit her residence to administer injections, during which time he also came into contact with her family members. 4. It is further submitted that during this period of interaction, on

28.05.2023, the brother of the prosecutrix demanded a loan of Rs.4,000/-, which was transferred by the petitioner through PhonePe. Thereafter, on 24.07.2023, one Pradeep demanded an additional Rs.5,000/-, which was transferred by the petitioner. On 28.07.2023, a further sum of Rs.3,000/- was demanded and paid, followed by Rs.2,000/- on 10.10.2023. On 25.07.2023, the prosecutrix herself demanded Rs.5,500/-, which was transferred via PhonePe, and subsequently demanded Rs.5,000/-, which the petitioner paid in cash. When the petitioner later demanded repayment of the said amounts, the prosecutrix and her brother stated that they did not have money at present and would repay the same later.

5. It is further submitted