SIDHARTH CHOUDHARY Vs. STATE & ANR

JUDGEMENT

(1.) Present petition has been filed by the petitioner for quashing of the FIR No.120/2016 registered under Section 376 IPC at PS N.F.Colony. Status report is on record.

(2.) I have heard the learned counsel for the parties and have examined the file. Petitioner's counsel urged that no offence under Section 376 IPC is made out as physical relations (if any) with the complainant were consensual. He further urged that the Courts at Delhi have no jurisdiction to entertain the complainant's complaint as the alleged incident of rape had taken place in Mussoorie.

(3.) Perusal of the file reveals that upon completion of investigation, a charge-sheet has already been filed against the petitioner for commission of offence under Section 376 IPC. The case has since been committed to the Court of Sessions. In the complaint, the complainant levelled specific allegations against the petitioner for establishing physical relationship with her at first instance at Mussoorie forcibly. When the complainant objected to it, the petitioner allegedly promised to marry her. It is further alleged that subsequently also the petitioner established physical relations with the complainant several times, lastly they had physical relationship on 02.01.2016. In 164 Cr.P.C. statement, the victim has reiterated her version given to the police. Statement of PW-Vijay Pathak has been recorded who informed that the petitioner had disclosed his intention to marry the victim. During investigation, it is informed that the petitioner and the victim had gone to Mussoorie on 31.12.2015 and had stayed in a hotel.