ROHIT DINANATH RAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant is the accused in the First Information Report (FIR) bearing C.R. No.I-101 of 2018 registered with Gujarat University Police Station, Ahmedabad on 24/8/2018 for the offence punishable under Sec. 376 of the Indian Penal Code (IPC), who is before this Court to challenge the order passed below Exhibit 11 on 20/4/2021 in Sessions Case No.350 of 2019, whereby his Discharge Application came to be rejected.

(2.) Learned Advocate for the applicant Mr. A.B. Desai submitted that in the past, the complainant had lodged FIR on 10/5/2018 against the present applicant vide C.R. No.I-73 of 2018 registered with Mahidarpura Police Station, Surat for the offence punishable under Sec. 376, 406 and 420 of the IPC, and in view of the settlement arrived at between the parties, on filing a Criminal Miscellaneous Application No.14650 of 2018 before this Court, by way of an order dtd. 7/8/2018, the FIR came to be quashed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereainafter referred to in short as 'the Code').

(3.) It is further submitted by learned Advocate Mr. A.B. Desai that there was no mention in the Affidavit, so filed by the complainant in the quashing proceedings, of any promise to marry her, nor was there any statement regarding returning of any money and inspite of quashment of the First Information Report, the complainant again preferred a FIR bearing C.R. No.I-101 of 2018, registered with Gujarat University Police Station, Ahmedabad under Sec. 376 of the IPC.