RAJKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has approached this Court invoking its jurisdiction under Article 136 of the Constitution of India after he was unsuccessful before the High Court of Karnataka in having an FIR registered against him invalidated. The High Court had dismissed his petition under Sec. 482 of the Code of Criminal Procedure, 1973. The FIR was made by the respondent No.2, a lady with whom he appears to have had relationship in the past. In the FIR bearing No.108/2022 dtd. 23/7/2022, respondent No.2 has alleged commission of offences against her under the provisions of Ss. 342, 354, 366, 376(2)(n), 312, 201, 420, 506 and 509 of the Indian Penal Code, 1860 and Ss. 66(E), 67 and 67(A) of the Information Technology Act, 2000. As we have indicated earlier, the petitioner and the respondent No.2 were in a relationship but such relationship soured later. There are various allegations and cross allegations against each other. In the judgment assailed before us, the High Court has dealt with the nature of the allegations against the petitioner and relying on a judgment of a Division Bench of the same Court in the case of Abdul Majid Sab & Ors. vs. State of Karnataka by Ripponpete Police, reported in ILR 2010 KAR 1719, rejected the petitioner's plea. In the same judgment, the quashing plea in relation to an FIR against the respondent No.2 was also dealt with and dismissed simultaneously.

(2.) We have been taken through the various offending acts alleged to have been committed by the petitioner and the submission of Mr.Navare, learned senior counsel for the petitioner, is that these were all a counterblast to the petitioner's complaint of blackmailing/extortion against the respondent No.2.

(3.) In this factual back drop, it cannot be held that the FIR does not disclose any offence. The allegations cannot be held to be inherently improbable, which is one of the grounds for quashing an FIR, as held in the judgment of this Court in the case of State of Haryana & Ors. vs. Bhajan Lal & Ors., reported in 1992 SCC Supl.(1) 335.