YOGESH KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have sought for quashment of order dtd. 11/7/2022 whereby the learned court below has taken cognizance against the petitioners for offences under Sec. 376 and 376D IPC and issued warrant of arrest to face trial. The offences alleged are said to have been committed against respondent No.2.

(2.) The background of the allegation and the chronology of the dates and events are as follows:

(3.) Mr. Hemant Gajraj, learned counsel for the petitioners submits that this is a classic example of misuse of process of law by respondent No.2. Though the incident narrated above would show that two adults had already decided to go with relationship of marriage, however under pressure of the family members of respondent No.2, respondent No.2 decided to leave the company of the petitioner. Learned counsel further contends that entire conduct of the petitioner and respondent No.2 specially of petitioner Yogesh Kumar Sharma narrated above would not make out a case that the petitioners would be left to face trial for the offence of rape. The respondent No.2 consciously did not disclose alleged incident dtd. 14/1/2018 and subsequent allegations at the earliest. Moreover, the police after investigation of the same issue twice submitted final report. Learned counsel contends that now the question is whether the statement made before the Hon'ble High Court, the learned Magistrate under Sec. 164 Cr.P.C. and before the Magistrate vide inquiry under Sec. 202 Cr.P.C by respondent No.2 would be disbelieved in one stroke only for the reason that now under pressure of the parents and other family members, respondent No.2 says that every statement was made by her under duress and all the documents were signed by her under pressure. Learned counsel submits that if trial of such allegations would be allowed to go on before the court below, flood gate would be opened that a party to the consensual relationship or to marriage relationship would be at liberty to level the allegation of rape at any point of time of their consesual relationship. Learned counsel has relied upon the judgment of this Court in Shantanu Sharma v. State of Raj. and Anr., in S.B. Cr. Misc. Petition No. 5607/2022 decided on 1/9/2022 wherein the FIR containing allegation of rape was quashed by this Court as the victim complainant was not only married with the accused petitioner but she had given birth to a male child and birth of the child was registered disclosing paternity wherein name of the accused petitioner was there as father.