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Judgment
Anjuli Palo, J
Heard learned counsel for the parties on I.A.No.5373/2023 - an application for grant of stay of the proceedings initiated in pursuance of the FIR bearing No.120/2023 registered at Police Station Hanumanganj, District Bhopal.
This petition has been filed under Section 482 of the Cr.P.C for quashing of FIR bearing No.120/23 registered under Section 376 (2) (n) of the IPC and Sections 5 and 6 of the Protection of Children from Sexual Offences Act at Police Station Hanumanganj, District Bhopal.
It is vehemently contended by learned senior counsel appearing for the petitioner that the FIR has been lodged with an ulterior motive with a revengeful intention because the father of the present petitioner has also lodged an FIR against the complainant party under Section 384 read with Section 34 of IPC at Police Station - Kohefiza. The petitioner himself is a minor aged about 17 years. His exams are in continuance. He has filed his time table and admit card and also filed some marksheet indicating that he has good academic career. He has also filed some conversation in whatsapp with the complainant.
Having heard counsel for the parties, after perusal of the documents, as well as considering the facts and circumstances of the case and taking into account that offence under Section 376 of IPC has been registered against the petitioner which would affect the interest of future of the boy, I.A.No.5373/2023 is allowed. It is directed that for a period of one month from today no coercive action shall be taken against the petitioner/juvenile.
Notice be issued to the respondent through her parents by RAD mode, returnable within three weeks.
Let the case diaries of both the aforesaid cases, namely FIR No.120/2023 registered at Police Station Hanumanganj, Bhopal as well as FIR No.123/2023 registered at Police Station Kohefiza, Bhopal be called by next date of hearing.
List the case after three weeks.
C.C as per rules.