VIKAS SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The present petition is filed jointly by the petitioner as well as by the Respondent no.2 under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 seeking for quashing of FIR No. 31(11) 2024 dtd. 8/11/2024 and the proceeding arisen thereon under Sec. 64, 318 and 61 (2) of Bharatiya Nyaya Sanhita [BNS], 2023. Brief facts

(2.) On 08/11/2024, the respondent no 2. lodged a complaint stating that one person namely Dr. Vikash/petitioner fostered her in a relationship by cheating that he was a bachelor and in January, 2023 one day he forcibly raped her in her house when her family members were not present. Then, he told her that they would marry her soon and the marriage was fixed on 08/11/2024. However, on the same day she came to know that he was already a married man having 2(two) daughters. Hence, a case under FIR No. 31(11)2024 WPS-Imphal East U/s 64/318/61(2) BNS was registered on 08/11/2024 in Women Police Station, Imphal East District, Manipur.

(3.) The complainant/respondent no.2 and the petitioner have been in a relationship since 2022. The accused is a doctor by profession and working as post Graduate Medical Officer (General Surgeon) in the District Hospital, Ashok Nagar, Madhya Pradesh. The complainant/respondent No.2 was also working in the same hospital in Dental Medical Hospital. The petitioner visited Manipur three times to meet the complainant/respondent No.2. A matrimonial case was instituted by the wife of the accused/petitioner namely Jyoti and a legal notice was also served to the Complainant on 18/12/2023. The petitioner has filed documents, prints out of conversation exchanged via whatsapp/messages between the petitioner and complainant about his daughter.