ASIF FARUK KADAWALA Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C, praying this Court to quash and set aside an FIR in Crime No.44/2020 dated 21.02.2020 registered at Pulakeshinagar Police Station, Bengaluru, for the offences punishable under Sections 354(B), 354(D), 506, 376, 447, 354 of IPC read with Section 66C and 66E of the Information Technology Act, 2000 ('the IT Act, 2000' for short) and direct the Investigating Officer not to take any coercive action against the petitioner.

(2.) The factual matrix of the case is that, respondent No.2 had lodged a complaint at the first instance against accused No.1 making the allegation against him that on 13.02.2020 in the night at 9 p.m., he trespassed her house and snatched her mobile and when she demanded to return the mobile, he assaulted her. It is also an allegation that forcibly he made her to remove her clothes and when she started screaming he closed her mouth and forcibly committed rape on her and spilled the sperm on her face. It is also alleged in the complaint that thereafter he called the house owner and he did not help her. Accused No.1, sent her personal photos and other information, which were in her mobile to her relatives and friends. It is also an allegation that by making use of the bank application available in the mobile, he got transferred the amount of Rs.61,000/- to his account and also destroyed her passport. Hence, requested to take the action against accused No.1. In pursuance of the complaint, the police have registered a case against accused No.1 at the first instance. Thereafter, one more complaint was given on 20.08.2020, in addition to the earlier complaint. In the said complaint, an allegation is made against the present petitioner that before shifting to Bengaluru on 28.12.2019, she had filed a Domestic Violence complaint in the Amboli Police Station, Andheri, Mumbai and also a Domestic Violence case in Andheri Magistrate Court. It is alleged in the complaint that accused No.1, illegally handed over the said iphone 7 plus to her husband Asif Faruk Kadawala, Asif has hijacked her phone with his Laptop (name-Asif hp Window 6) and misused several personal data, details, photos and chats of her and presented the same as an evidence in the ongoing case of Domestic Violence which she had filed against the petitioner herein and his family, which is pending before the Magistrate Court, Andheri, Mumbai. It is also alleged in the complaint that she had also attached an attested copy from the Magistrate Court, Andheri, Mumbai of the data and (Personal pictures, chats, emails, uber receipts) which came through post to the Pulakeshinagar Police Station, Bengaluru, that accused No.2 had illegally presented the same in the Court. It is also alleged in the complaint that she had also submitted evidence of her icloud ID logged in by accused No.2 by the name (windows 6-Asif HP) taken screenshots from her new iphone as she could get data of her previous phone's location that had been robbed by accused No.1 with details of places where the phone was found.

(3.) It is alleged against this petitioner that the above evidences prove that the main accused No.1 and her husband i.e., accused No.2 (petitioner herein) have planned this heinous act. They have always been hand in glove with each other. This petitioner should be equally accused in the ongoing case and should be thoroughly investigated. The above facts prove that accused No.2 had sent accused No.1 to take her personal phone, robbed her old passport which had address of her marital house, also physically abused and raped her. Based on this complaint, the police have requested the Court to arraign this petitioner as accused No.2 vide letter dated 28.08.2020 and in view of arraigning this petitioner as accused No.2, the present petition is filed.