(1.) The petitioner has filed the present petition for quashing of FIR No. 56/19, dtd. 31/10/2019 registered under Ss. 376 and 506 of IPC and Sec. 67 of the Information Technology Act, 2000 in Women Police Station, Solan, H.P.
(2.) The informant made a complaint to the Police that she had filed a case under the Domestic Violence Act in 2014. The petitioner used to help and call her to Shimla to discuss the case. He gave something to her in her drink and had sexual relations with her forcefully. He obtained the nude photographs and videos. Subsequently, the case was resolved and the victim started residing with her husband. The petitioner started threatening her. She blocked him. The victim came in contact with one lady and became close friends. She called the victim to her house and took photographs of the victim. She started taking money from the victim. When the victim refused, she started trolling the victim on Facebook. She also uploaded photographs of the victim. The petitioner came in contact with her and supplied photos and videos of the victim to that lady. These photographs were uploaded on the internet. The matter was reported to the police. The police registered the FIR and conducted the investigation.
(3.) The petitioner filed the present petition for quashing of FIR. It has been asserted that the FIR shows that sexual relations were maintained in the year 2014. No complaint was made for five years. The delay shows the voluntary participation of the victim. The report of FSL does not show the commission of the offence punishable under Sec. 67 of the Information Technology Act. The victim filed a false complaint against the petitioner to harass him at the instance of her husband. The police of Women Police Station, Solan conducted the investigation but the incident had taken place at Shimla and the Women Police Station, Solan had no jurisdiction to carry out the investigation. Therefore, it was prayed that the present petition be allowed and the FIR be quashed.
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