MOHIT NAGAR Vs. STATE

JUDGEMENT

(1.) By the present petition the petitioner seeks quashing of FIR No. 135/2016 under Sections 376/506 Penal Code registered at PS Greater Kailash-I on the complaint of respondent No.2 and the consequent proceedings thereto including the charge-sheet filed.

(2.) The grounds pressed for quashing of the FIR and the proceedings pursuant thereto are that the respondent No.2 has lodged similar FIRs against other persons on the same modus-operandi, FIR was lodged malafidely with an intention to extort money and since at the time of registration of above-noted FIR the respondent No.2 was married as per her own showing there could be no promise to marry her and on the said pretext the petitioner could not have established physical relationship. It is further contended that the respondent No.2 being an educated lady, mother of an eight year old daughter, married twice with a subsisting marriage, the allegations that sexual acts with the petitioner were on a false promise of marriage are belied on the face of it.

(3.) Before dealing with the facts of the present case it would be appropriate to note the law laid down by the Supreme Court in the decision reported as (2013) 3 SCC 330 Rajiv Thapar & Ors. Vs. Madan Lal Kapoor while laying down the guidelines for quashing of a FIR and the proceedings pursuant thereto in exercise of its power under Sec. 482 Crimial P.C. by the High Court, the Supreme Court delineated the steps to be taken to determine the veracity of prayer as under :