The Madhya Pradesh High Court has quashed the FIR and subsequent proceedings based upon the said FIR/final report/charge sheet against the doctor.
In the case at Bar, the prosecutrix and the petitioner both are major, well-educated, having affair and developed physical relation regularly out of their own free will which continued for more than 10 years and ultimately they got separated from each other because petitioner refused to enter into the marriage, however it does not mean that a case of rape could be registered against the petitioner, said the court order of July 2 last.
The Supreme Court and also the High Court time and again consistently observing that such type of relationship and developing physical relation during that period cannot be given shape of rape and prosecution under Section 376 of IPC cannot be initiated, the court order said.
In my opinion, as per the factual circumstances, as have been narrated by the prosecutrix in her complaint and also in her statement of 164 Cr.P.C., this case cannot be considered to be a case of rape as defined under Section 375 of IPC and the prosecution is nothing but appears to be an abuse of process of law, the court observed
Under such circumstances, this Court exercising inherent power provided under Section 482 of Cr.P.C. can quash the FIR and subsequent proceedings based upon the said FIR/final report/charge sheet.
I do not find any material and any ingredient available on record to indicate that any offence under Section 366 of IPC is also made out against the petitioner. Therefore, the offence under Section 366 of IPC registered against the petitioner at the later point of time is also liable to be quashed.
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.
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 that the petitioner
by making false promise of marriage has developed physical relation with her. In the complaint it is stated by the prosecutrix that she is a resident of Khitola, Thana Barhi, District Katni and acquired education till MA. She knows the petitioner, who is also a resident of same vicinity and belongs to the same caste as the prosecutrix and they know each other since last 11 years. It is stated by the prosecutrix that when the petitioner was studying in the Navoday Vidyalaya, Badwara, she was studying in 11th Class, the court order stated.
During summer vacation, petitioner used to come to his village and used to meet her. There was affair between them. The petitioner had also proposed and assured the prosecutrix for marriage and also asked her to continue her studies and as such in the month of June, 2010, when petitioner came to his village during summer vacation, he developed physical relation with the prosecutrix. This relationship continued till 2020 and whenever petitioner used to come to the village in summer vacation, he and prosecutrix used to develop physical relation.
Thereafter petitioner got posted in Government Hospital, Katni as a doctor. He often called the prosecutrix in his house allotted to him in the hospital premises and used to develop physical relation with her, but later on the petitioner refused to marry her.
Thereafter, prosecutrix informed her father and lodged a report alleging that the petitioner has threatened her that if report is lodged, he would kill her, the court order stated.
