AKHIL SACHDEVA Vs. STATE AND ANR.

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure 1973 ('CrPC') seeks the quashing for FIR No. 318 of 2006 registered at Police Station Paschim Vihar under Sections 120B/328/376/420 IPC and all proceedings consequent thereto.

(2.) THE aforementioned FIR was registered at Police Station (PS) Paschim Vihar on 14th April 2006 at the instance of the Respondent No. 2 complainant who stated that on 23rd February 2005 while browsing through a matrimonial website i.e. shaadi.com she came into touch with the Petitioner. During the e -mail and telephone conversations with each other, the Petitioner had presented himself to be a citizen of Canada and working as investment banker and earning income $1,40,000/ - year. He informed the complainant that he was a divorcee and expressed his desire to marry the complainant. Since the parents of the complainant had also agreed to the proposal of the Petitioner to marry her, the complainant too developed a strong instinct to marry the Petitioner. The engagement ceremony was fixed for 6th November 2005 and the marriage was to be performed soon thereafter.

(3.) THE date of marriage was fixed for 14th April 2006. The complainant stated that after the engagement ceremony she and the Petitioner met on several occasions at their respective residences. On 9th November 2005 she was called telephonically at about 2.30 pm by Vinod Kumar Sachdeva the father of the Petitioner and asked to come along with the photocopies of the passport, ration card, bank passbook etc. for the purpose of submitting the form for immigration to Canada so that the immigration process could be expedited. According to the complainant, in good faith and being unaware about their nefarious and evil designs of the Petitioner and his relatives she went to their residence at Paschim Vihar. It is stated that the father, mother and grand -mother of the Petitioner took her to a separate room where the Petitioner was already present and left her alone in that room. The Petitioner offered the complainant a cold drink which she consumed. However, after ten minutes of consuming the drink she started feeling drowsy and became unconscious. When she regained her senses the complainant was shocked to discover that she was naked and all her clothes were lying scattered. When she enquired form the Petitioner as to what had happened to her and the Petitioner told her that he had mixed some intoxicating substance in her cold drink and had established physical relations. The complainant states that she suffered a great mental shock and questioned the Petitioner as to how he had dared to outrage her modesty and informed him that she would report the matter to the police. The Petitioner assured her to get the marriage arranged at an early date and told her that establishing physical relations prior to the marriage was a part of the western culture and requested her not to disclose the matter to anybody, while again assuring her that they would get married shortly. The Petitioner further informed her that if she disclosed the fact that they had already physical relationship, he would not marry her at any cost. The complainant received an e -mail on 10th April 2006 which dashed the hopes of the marriage taking place. Accordingly she lodged a complaint with the police on the basis of which the above FIR was registered.