JOGA SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Though accused of such a serious offence as rape is, the petitioner still claims himself to be law abiding citizen and pleads his false implication to seek quashing of FIR registered against him under Sections 376, 328 and 506 IPC. This FIR was registered against the petitioner on 18.2.2010. The facts, as pleaded, would show that the complainant has lodged this complaint in regard to an incident, which is five years old. The petitioner claims this to be an outcome of jealousy and just to harass the petitioner as he has immigrated from India.

(2.) The allegations as made in the FIR registered on an application made to S.S.P., Karnal, by respondent Bhupinder Kaur reveals that the complainant had come to the house of her Aunt-in-law (husband's Mousi) at Village Alipur. The petitioner was the neighbour of said Aunt-in-law. The petitioner allegedly had a bad eye on the complainant and so she returned to Shahbad. One day, she had gone to Mahabir Dal Hospital, Karnal, for some medical problem, when the petitioner met her enroute by chance and took her to Sudarshan Hospital, where he offered a cold drink to the complainant. After taking this, she lost her consciousness and later learnt that she was raped. Thereafter, the petitioner threatened the complainant to kill, besides telling her that he had filmed her nude and if she complained, then he would send the film to her parents. The petitioner also allegedly promised to marry the complainant and undertook to take care of her children. Because of fear, the complainant appears to have succumbed to the wishes of the petitioner and now has filed this complaint, leading to registration of FIR.

(3.) The petitioner otherwise apparently has not disputed his relationship with the complainant. The petitioner rather claims that he was having love affair with the complainant and she has now complained because the petitioner has settled in Malaysia. The petitioner would also submit that the complainant is 32 years old lady and married for 12 years and, thus, he could not have blackmailed her. The petitioner still is a bachelor. In this background, the petitioner pleads that the allegations in the FIR are fake, frivolous, contradictory and are based on imagination just to blackmail him. The petitioner pleads that prosecution can not be initiated on such imaginary complaints and so has filed this petition for quashing of the said FIR.