MANJITSINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since in both the above applications, parties are same and issue raised are identical and therefore, they are being disposed of by this common order.

(2.) The applicant and respondent no.2 were in live in relationship and lived together for a considerable time and out of their relationship, one daughter is also born out and presently, daughter is residing with respondent no.2. In the year 2005, respondent no.2 got married to one Amit and thereafter, they parted their ways and got official divorce in the year 2011. Meanwhile, respondent no.2 and applicant came into contact and developed intimacy and live together for a considerable time. In the year 2012, dispute cropped up between the parties. Respondent no.2 lodged an FIR being C.R.No.I-228 of 2013, for the offences punishable under Sec. 376, etc. The applicant herein filed discharge application before the Sessions Court concerned and the same was rejected by the Trial Court. He has filed Revision Application before this Court against the order of the discharge. The Coordinate Bench of this Court vide its order dtd. 12/12/2014 allowed the Revision Application and quashed the FIR and the consequential proceedings of the sessions case. It is not in dispute that the applicant herein has deposited Rs.8.00 lakhs and the same has been invested in the name of respondent no.2 in FDR.

(3.) The applicant herein has also filed the quashing petition being Cr.M.A.No.19031 of 2014 for quashing of the impugned FIR allegedly registered under the offence of rape, etc.