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Madhya Pradesh High Court · body

2014 DIGILAW 1240 (MP)

Vinod Katare v. State of M. P.

2014-09-29

N.K.GUPTA

body2014
JUDGMENT 1.Heard the learned counsel for the parties. 2. The applicant has moved the present petition under Section 482 of Cr.P.C. to quash the charge-sheet of Crime No. 720/09 filed before the CJM, Vidisha, by police Station, Vidisha. 3. Facts of the case, in short, are that prosecutrix had submitted a written complaint to the Chief Judicial Magistrate, Vidisha, to take cognizance of offence that the applicant exploited her sexually. Two children had born due to such intercourses from time to time. The applicant by giving a false assurance of marriage, exploited her sexually. The complaint of the prosecutrix was sent to police Station, Vidisha and initially an FIR was registered of offence under Sections 376, 120-B and 506 of IPC. 4. After due investigation, the charge-sheet was filed for offences under Sections 294, 506 and 497 of IPC. After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, it would be apparent that the prosecutrix was widow, and therefore, if any cause of action is made out of offence under Section 497 of IPC, then it shall be made out to the husband of the woman who was exploited sexually. In this connection, provisions of Section 198(2) of Cr.P.C. may be read. Since the prosecutrix was widow, then there is no intervention of her husband in the matter. The prosecutrix herself could not file such a complaint according to the provisions of Section 198(2) of Cr.P.C. Consequently, the police Vidisha or concerned Magistrate could not take cognizance of offence under Section 497 of IPC. 5. If the entire FIR is perused, then there is no description of any word which can be considered as an obscene word told by the applicant to the prosecutrix at a public place, hence, prima facie no offence under Section 294 of IPC is made out. The prosecutrix in her complaint has mentioned that she was consented due to a false assurance, and therefore, she indulged in sexual intercourse with the applicant since 2003 and she got two children out of that sexual exploitment. Under such circumstances, there is no indication in the FIR that applicant had ever given any threat to the prosecutrix. Consequently, no offence under Section 506 of IPC is made out against the applicant. 6. Under such circumstances, there is no indication in the FIR that applicant had ever given any threat to the prosecutrix. Consequently, no offence under Section 506 of IPC is made out against the applicant. 6. On the basis of the aforesaid discussion, it would be apparent that no offence under Sections 497, 294 and 506 of IPC is made out against the applicant, then the prosecution of concerned charge-sheet is nothing but unnecessarily implicating the applicant to face the trial. It is a good case in which inherent powers of this Court under Section 482 of Cr.P.C. may be exercised. Consequently, the application of the applicant Vinod Katare is hereby allowed. The proceedings of the concerned trial Court relating to Crime No. 720/09 registered at police Station, Vidisha, is hereby quashed. The result would be that applicant is discharged from all the offences alleged against him. Copy of the order be sent to the trial Court to drop the proceeding against the applicant. Certified copy as per rules.