PANKAJBHAI POPATLAL SAVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application filed under Sec. 482 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the impugned complaint being FIR No.11214020200278 registered with Kamrej Police Station, Surat Rural for offence punishable under Sec. 376 of IPC and all consequential proceedings initiated in pursuance thereof.

(2.) The facts in brief are that the applicant herein and respondent No.2-complainant were into an illicit relationship, which had continued for some time. It is the say of the applicant that respondent No.2 coerced him to marry her and also threatened that she would inform his wife about their relationship, if he did not pay her Rs.10,00,000.00. The applicant refused to accede to the demand of respondent No.2 and therefore, on 5/3/2020, the impugned complaint came to be filed against the applicant under Sec. 376 of IPC.

(3.) Learned advocate Mr. P.M. Lakhani appearing for the applicant submitted that the averments made in the impugned complaint would go to show that the relationship between the parties was consensual in nature. The respondent-complainant is in the habit of developing such relationships with different men and would, thereafter, extort huge sums of money from them by threatening that she would disclose their relationship to the families. It was submitted that when the applicant herein came to know about the real intentions of respondent No.2- complainant, he gave a written complaint before the local police station, in pursuance of which the statement of the respondent-complainant was also record. In such statement, the respondent-complainant had not made any allegation of rape against the applicant. It was, therefore, prayed that the allegations of rape made in the impugned complaint are false and frivolous and hence, the impugned complaint may be quashed and set aside.