MANOJKUMAR GANESHCHAND CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) By way of this petition filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure (for short, "the Cr.P.C ."), the petitioner has prayed to quash and set aside the FIR being CR No.11191046230111 of 2023 registered with Airport Police Station, District: Ahmedabad City for the offences punishable under Ss. 376(2) (n), 377, 354A, 328, 506(1), 294 of the Indian Penal Code and under Ss. 3(1)(w)(1), 3(2)(5) , 3(2) (5-A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act as well as all other consequential proceedings.

(3.) Learned advocate Mr. Jeet J. Bhatt appearing for the petitioner submitted that the relation between the petitioner and the respondent were consensual as she used to come to the apartment of the petitioner in the night and leave in the morning. Learned advocate would submit that the respondent admitted that she had no cordial relation with her husband. Therefore also, this is a fit case where discretion deserves to be exercised in favour of the petitioner. Learned advocate would further submit that having been in physical relationship about 4 years on the false promise of marriage is not believable therefore, the impugned FIR may be quashed and set aside by this Court.