RAJESH Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) This writ petition is filed under article 226 of the Constitution of India seeking for the following reliefs;

(2.) Petitioners are husband and wife and the 3rd respondent is a former employee of the 1st petitioner in his business concern namely 'M.R Enterprises' at Adoor during the period from November 2014 to March, 2016.

(3.) A crime was registered against the 1st petitioner by Adoor Police as 1554/2021, alleging commission of offences punishable under Ss. 450, 376(2)(n) and 354A(1)(iv) of Indian Penal Code (for short, 'the IPC). The allegations that lead to the registration of the crime were that the 3rd respondent/defacto complainant is a married woman having two children and the 1st petitioner is a friend of her husband. While she was working with the 1st petitioner, owing to some financial liability due from her, the 1st petitioner started to show affinity towards her. She was not amenable initially, but later on, leaned to. Therefore, the 1st petitioner saved her property from being attached and sold by the bank in a mortgage debt. The 1st petitioner came to her house on 11/5/2018 when her husband and children were not there and engaged in physical relationship with her. Thereafter the same was repeated on several occasions. Later on, the husband came to know about the relationship and left the house. The 3rd respondent shifted her job to another concern but the relationship continued. The 1st petitioner had even offered to marry her. But after sometime, the relationship got strained when another relationship of the 1st petitioner was witnessed by her. The 1st petitioner had talked to several persons in a manner affecting her reputation and modesty as a woman. The true copy of the FIR in Crime No. 1554/2021 of Adoor Police Station, Pathanamthitta District is appended to the petition on hand as Ext.P1.