KISHORE Vs. STATE OF RAJASTHAN AND OTHER

JUDGEMENT

(1.) By way of the instant petition under section 482 CrPC, 1973 petitioner Kishore has approached this court seeking quashing of the FIR No.461/2013 registered at Police Station Kotwali, District Chittorgarh for the offences under Sections 376, 384, 366, 342, 344 of the I.P.C. and Section 76 of the I.T. Act.

(2.) Facts in brief are that the respondent No.2 complainant Smt. "P" lodged a complaint in the court of C.J.M., Chittorgarh on 07.11.2013 alleging inter alia that she was married in the Village Pipali. However, her marital ties with her previous husband fell out and were terminated by mutual consent. About a year and half ago, the accused petitioner allegedly gave a fraudulent assurance of marriage to the complainant and took her to Chittorgarh, where she was kept confined in a room and the accused indulged in sexual intercourse with her against her desire. When the neighboring people objected to this immoral activity, the complainant was taken to Senti, where again she was locked up in a room and her sexual exploitation at the hands of the accused continued. She was also threatened that her indecent pictures and videos etc. would be uploaded on Facebook and other social media. Her family members were also misled by the accused. About 13 to 14 months ago, she somehow managed to escape from the clutches of the accused, whereafter her family members married her off to someone in the Village Utheri. However, the accused came down to the Village Utheri and threatened to make her indecent pictures/videos viral. Fearing consequences of these threats, the complainant left her husband's house and went to live at her father's house at the Village Bhutiya. She tried to talk sense into the father of the accused, but he also did not provide any aid in this regard to the complainant. She lodged a complaint with the S.P., Chittorgarh on 15.10.2013, but no action was taken. Thereupon, she was compelled to file a complaint in the Court of CJM, Chittorgarh. The said complaint was forwarded to the Police Station Kotwali, District Chittorgarh for investigation under section 156 (3) CrPC, 1973 where the aforementioned FIR came to be lodged. The accused petitioner has approached this court by way of the instant miscellaneous petition seeking quashing of the above FIR on numerous grounds.

(3.) Mr. Naman Mohnot, learned counsel representing the petitioner, urged that ex facie the allegations set out in the highly belated FIR lodged by the complainant are false and fabricated. He urged that in the period intervening the last incident of alleged sexual assault made upon the complainant and the lodging of the FIR, numerous cases, criminal as well as civil, came to be lodged inter se between the parties. Despite registration of these cases, the complainant kept silence and did not raise even a murmur regarding her having been exploited sexually by the petitioner. He, thus, urged that the impugned FIR is nothing but a means of extracting money and for pressurizing the petitioner and the same deserves to be quashed as it does not disclose the necessary ingredients of the offences alleged.