RATNESH NIRANJANBHAI VALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition filed under Sec. 482 of Cr.P.C., the petitioners have prayed to quash and set aside the complaint bearing FIR No.11191031220904 registered with Shahibaug Police Station for the offences u/s. 376, 376(2)(n), 406, 420 and 114 of IPC r/w. Ss. 3(2)(v), 3(2)(va), 3(1) (wi)(ii) and 3(1)(r)(s) of the SC & ST (Prevention of Atrocities) Act and the consequential proceedings arising therefrom.

(2.) The respondent No.2 herein, original complainant, filed the impugned FIR on 15/10/2022 inter alia alleging that she joined services with the Air Pollution Department of I.C.M.R. - National Institute of Occupational Health at Ahmedabad on 25/1/2019 as a Data Entry Operator on contractual basis. During that time, the petitioner No.1 herein was working as a Technician in the Hygiene Department on regular post. It is averred that after some time, they developed love relationship and also agreed to get married. Some where in May 2020, they indulged into physical relationship for the first time and since then they got indulged into physical relationship on several occasions. It is alleged that petitioner No.1 had promised respondent No.2 that he would marry her; however, in December 2021, the petitioner No.1 refused to marry her on the ground that his family was against their relationship. Hence, the impugned FIR came to be filed.

(3.) It is submitted by learned advocate Mr. Thakkar for the petitioners that the impugned FIR has been filed after a delay of about 10 months. The last conversation and meeting took place some where in December 2021 but the impugned FIR was filed only on 15/10/2022 and there is no explanation for the said delay. It is further submitted that both petitioner No.1 and respondent No.2 were adults and they were into a love relationship and hence, their relationship was consensual in nature. Therefore, none of the ingredients of Sec. 375 IPC are present in this case.