RAMANAND NISHAD, Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 19.1.2021 passed by the learned Single Judge in WPCR No.21/ 2021 dismissing writ petition seeking quashment of FIR registered under Crime No.0109/2020 against the petitioner/appellant herein for commission of offence punishable under Sections 376 & 506 of the Indian Penal Code (for short 'the IPC').

(2.) Facts relevant for disposal of this appeal are that complainant, who is an employee of the Department of Police, working in the office of the Home Guard and posted at Police Station City Kotwali, Gariyabandh, has lodged FIR on 18.6.2020 mentioning therein that the complainant and the petitioner were earlier i.e. prior to date of her marriage, having friendly relationship. She broke-up the relationship before her marriage, which was solemnized on 4.5.2020. After the marriage, petitioner started troubling and threatening her over telephone saying that he will inform about their relationship. On 11.6.2020 the petitioner took the complainant along with him to Raipur on the ground that he wanted to have a talk with her. They stayed in a rented accommodation and in the night petitioner committed forcible sexual intercourse with her and thereafter threatened her that if she would disclose this fact to anyone, he will kill her. On 17.6.2020 the petitioner again started troubling the complainant, as a result she lodged FIR against him. On coming to know about registration of FIR against him, the petitioner applied for grant of anticipatory bail before the competent Court, which was rejected. Thereafter petitioner preferred criminal appeal before the High Court under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989'), which came to be dismissed vide order dated 16.12.2020.

(3.) After dismissal of appeal for grant of anticipatory bail, the petitioner filed writ petition seeking quashment of FIR registered against him on the ground that physical relationship between the complainant and the petitioner was established with her consent and free will. FIR was lodged under the pressure of husband and father of the complainant. There was unexplained delay in lodging FIR.