KAMAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed on behalf of the petitioner seeking quashing of FIR No. 626/2022, registered at Police Station Raj Park, Delhi for offences punishable under Ss. 376/506 of the Indian Penal Code, 1860 ("IPC") and Sec. 67A of the Information and Technology Act, 2000 ("IT Act") and all consequential proceedings emanating therefrom.

(2.) Briefly stated, it is the case of the prosecution that on 22/9/2022 at about 8:30 PM, a complaint was lodged by the complainant alleging that a few years back from filing of the present complaint, she had found the petitioner/accused i.e., Kamal on Instagram and had made her friend. It is alleged that after connecting on Instagram, the complainant and the petitioner had exchanged phone numbers and had begun chatting regularly, eventually meeting up with each other. It is also alleged that on 3/1/2020, when the complainant was alone at her house, the petitioner/accused had come over and had allegedly forcefully engaged in physical intimacy with her, on the false pretext of marriage. It is alleged that this repeated on multiple occasions (i.e., on April 10, August 28-30, September 1, in December, 2020, as well as on June 15, 2022) and whenever the complainant brought up the issue of marriage, the petitioner/accused would dodge the topic. It is alleged that the complainant had thereafter, discovered that the petitioner/accused herein was already married and had a son, yet he continued to exploit the complainant, on false pretext of marriage. It is also alleged that when the complainant had threatened to report him to the police, the petitioner/accused had confessed to having recorded the complainant's intimate pictures and videos, and had blackmailed the complainant with the threat of sharing those pictures/videos. It is further alleged that the petitioner/accused had created fake Instagram accounts with photos of the complainant, posting lewd comments and sharing her phone number. It is alleged that the petitioner/accused had also physically assaulted the complainant and had threatened her with dire consequences. Furthermore, he had constantly started messaging and harassing the complainant, blackmailing her with video calls and threatening to make her life miserable. Despite the complainant's protests, the petitioner had insisted on further physical intimacy with him and his friends. It is further alleged that the petitioner had made derogatory remarks about the complainant's parents and boasted about possessing multiple mobile phones and gadgets, claiming he had saved incriminating photographs and videos to use against the complainant. On these allegations, the present FIR was registered on 22/9/2022.

(3.) Learned counsel appearing on behalf of the petitioner argues that the petitioner has been falsely implicated in the present case and he had, from the very beginning, told the complainant/respondent no. 2 about his marriage and his having a child. However, the complainant did not have any objection to carrying on a relationship with the petitioner and the same is apparent from the WhatsApp chats wherein it can be seen that the complainant had wished wife of the petitioner on the occasion of their marriage anniversary. It is further argued that the petitioner herein was in a consensual relationship with the complainant and had no intention either to betray her or to have sexual intercourse with her on false promise of marriage. It is stated that from a bare perusal of the allegations in the FIR and Chargesheet, it is clear that the complainant had called the petitioner at her residence, and thus, her allegations that she had been forced to have sexual intercourse with the petitioner in her house cannot be sustained. It is also stated that no Call Detail Record ('CDR') has been produced by the complainant to support her allegations that the petitioner had visited her house on the dates alleged in the FIR and chargesheet. Furthermore, the petitioner has also placed on record WhatsApp chats between the sister of the petitioner and the complainant wherein it can be seen that the complainant had known all the family members of the petitioner herein and shared cordial relationships with them even before or post-registration of the present FIR. Learned counsel for the petitioner further submits that vide order dtd. 24/11/2022, learned Metropolitan Magistrate-03, North-West, Rohini Courts Delhi, had taken cognizance mechanically in the above-said case, without recording the reasons and without application of mind. It is further submitted that thereafter, the matter was committed to the Court of Sessions and is pending trial before learned ASJ/FTC, Rohini Courts, Delhi ("Trial Court"). It is also argued that the complainant is aged about 21 years and is a graduate preparing for competitive examinations, meaning thereby that she was well aware of the nitty gritty of their relationship. which further establishes that the complainant is mature enough to know such things and had this been a forceful relationship, the complainant could have reported it on 3/1/2020 itself, as alleged. Therefore, it is prayed that the present FIR and all proceedings emanating therefrom be quashed.