VINOD KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The informant used to talk to the petitioner on his mobile phone. The informant complained that the petitioner had raped her. The police registered the F.I.R. No. 14/2020 dtd. 13/3/2020 at Women Police Station Bhiuli District Mandi, H.P. for the commission of an offence punishable under Sec. 376 of IPC. The police conducted the investigation. The police obtained the call details record and arrested the petitioner. The statement of the informant was recorded under Sec. 164 Cr.P.C. in which she stated that the petitioner had met her on 12/3/2020 and dropped her in her home. He returned at 9:30 pm-10:00 p.m. to the informant's home and raped her.

(2.) The petitioner has approached this Court by filing a petition seeking to quash the F.I.R. No. 14/2020 and consequential proceedings of Sessions Trial No. 42 of 2020, pending before the learned Additional Sessions Judge-I, Mandi, H.P.

(3.) It was asserted that a perusal of the F.I.R. and statement of the informant shows that the allegations are false and the proceeding isan abuse of process of the Court. The medical record does not show any visible injury except bleeding. A married woman who enters into a consensual sexual relationship with a man other than her husband cannot prosecute him for rape on the false pretext of marriage. Therefore, it was prayed that the present petition be allowed and F.I.R. and consequential proceedings be quashed