KUSHAL KUDESIA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present application under Sec. 438 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the applicant seeking grant of anticipatory bail in case FIR No. 485/2023, registered at Police Station Amar Colony, Delhi, for offences punishable under Ss. 376 of the Indian Penal Code, 1860 ('IPC').

(2.) Briefly stated, the facts as alleged are that the complainant knew the accused/applicant since 2018. It is stated that the complainant was in relationship with him and he had established physical relations with her at his rented accommodation in Delhi on the false pretext of marriage. It is stated that the accused had even introduced her to his family members and had assured her of marriage and on the pretext of such false promise, he had continued to maintain physical relations with her. The complainant had got pregnant in the month of October, 2020. It is stated that when the complainant had asked accused to get married to her, he had told her that he needed more time for getting married and, therefore, she had undergone abortion. It is stated that the accused had kept promising the complainant that he will marry her, however, in May, 2023, the applicant had refused to marry the complainant. It is stated that when complainant had tried to speak to his family members, even they had misbehaved with her and the accused had left the rented accommodation for an undisclosed address and had stopped responding to her phone calls. On these allegations, the present FIR was registered.

(3.) Learned counsel for the accused/applicant argues that in the present case, FIR has been registered under Sec. 376 of IPC on the basis of a false complaint lodged by the complainant. It is argued that the applicant apprehends being arrested in the present FIR which was filed because of miscommunication and misunderstanding between the applicant and the complainant, who have been in a relationship for almost 5-6 years. It is also argued that the complainant had herself developed relationship with the applicant and therefore no case is made out against the applicant/accused. It is stated that after the registration of the FIR, the applicant was able to get in touch with the complainant and thereafter, they have sorted out all the differences between them and with the blessings of their elders, they have now got married to each other on 12/1/2024 as per Hindu rites and rituals.