DILIP SINGH SHEKHAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Criminal Misc. Application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 30.06.2012, cognizance order dated 16.07.2012, passed by Judicial Magistrate II, Dehradun, as also the entire proceedings of criminal case no. 4215 of 2012, State Vs Dilip Singh Shekhawat, under Sections 376, 504, 506, 420 IPC, pending in the selfsame court.

(2.) Brief facts of the case are that the second respondent lodged an FIR against the applicant on 22.04.2012 with P.S. Cantt. Dehradun, under Section 376, 504, 506, 420 IPC, alleging therein, that she was posted as Lt. Colonel in Military Hospital, Dehradun in the month of June 2011 and was staying at 25/3, Beachers Road along with her two school going children. She is a single parent divorced legally in 2004. On 09.11.2011, at 05:00 A.M., due to short circuit, her house caught fire and entire household goods perished. She shifted in her guest room, where she had to face drinking water problem. The second respondent asked Colonel H.R.S. Rana, her family friend, to arrange for water. Colonel Rana introduced her to the applicant as his Course Office. Thereafter, the applicant kept coming in her absence regularly and helped the children in family chores. On being asked why the applicant is helping her, applicant told her that he want to settle with her and would help her throughout life. On this, complainant flatly refused and told that she is not interested. Next day, applicant told the complainant please give me a chance to look after her as he was divorced three years back and has two children. On 16.11.2011, the applicant came to the guest room of complainant, while the children were at school, and forcibly established sexual relationship with the complainant against her wish. On 05.12.2011, applicant took the complainant in a temple and put sindoor and accepted her as his wife. After sometime, applicant gave phone number of a lady to the complainant saying that said lady is my sister. Later on, during one of the conversations, that lady told the complainant that she is not the sister of applicant but herself was a victim. She also told the complainant that the applicant is not divorced and he had cheated her. On coming to know that the complainant knew everything about the applicant, he forced her to write on receipt of post dated cheques that she should not complain about him and did not disclose about this marriage to his Unit and threatened her with dire consequences.

(3.) After conclusion of the investigation, the Investigating Officer submitted charge sheet against the applicant under Sections 376, 504, 506, 420 IPC. The Magistrate concerned took cognizance of the matter vide order dated 16.07.2012 as under: