SHANKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this petition under Section 482 Cr.P.C., the petitioner Shankar Lal has approached this Court for assailing the FIR No.562/2014 registered at the Police Station Pratap Nagar, District Bhilwara and all proceedings sought to taken in furtherance thereof for the offences under Sections 452, 376, 323 and 384 IPC.

(2.) Facts in brief are that the respondent complainant Smt. 'V' aged 40 years, got the above mentioned FIR registered through a complaint submitted in the court of the learned Chief Judicial Magistrate, Bhilwara. She alleged in the complaint that her husband, who was working as a salesman, came into contact with the petitioner during the course of business activities. About 10 months ago, when her husband was out in the market, the petitioner Shankar Lal came and inquired about him. When she told the accused petitioner that her husband was not at home, Shankar Lal insisted that he had to meet him and saying so, he barged into the complainant's house and misbehaved with her. The complainant resisted the attempts of the accused but he forced himself upon her and subjected her to rape. She was threatened that in case, she spoke out about the incident, she as well as all her family members would be killed. Thereafter, the accused frequently visited complainant's house in her husband's absence and subject her to rape. She submitted a complaint to the Superintendent of Police, Bhilwara whereupon, an FIR No.133/2014 was registered against the petitioner, however, he agreed that he would stop harassing the complainant in future whereupon, she and her husband entered into a compromise and withdrew the report. Despite such assurance given by the accused petitioner, on 16.06.2014, heagain forcibly entered into the complainant's house in absence of her husband and children and threatened her that he had prepared forged documents of her house and would sell it. Under this threat, the accused again subjected the prosecutrix to rape. She tried to resist his attempt whereupon, the accused took out a knife and threatened to kill her. On the basis of this report, the instant FIR came to be registered against the petitioner for the above offences. The petitioner has now approached this Court by way of the instant misc. petition under Section 482 Cr.P.C. seeking quashing of the above FIR.

(3.) Learned counsel Shri Farzand Ali representing the petitioner urged that the incident, which is referred to in the impugned FIR, is of 16.06.2014. Prior to that, the complainant had lodged an FIR No.133/2014 against the petitioner with the allegations of rape on 25.02.2014. When she was examined under Section 164 Cr.P.C. in connection with the said FIR, she categorically stated that she had lodged the case of rape against the accused because a monetary dispute arose between him and her husband and that an advocate had instigated her to file the case, even though Shankar Lal had never assaulted her sexually. Shri Farzand Ali has placed on record of the petition a copy of the complaint filed by the complainant at Police Station Pratap Nagar under Section 156(3) Cr.P.C. against the petitioner on 29.06.2014. He urges that in the said complaint, all that was alleged by the complainant was that the petitioner and her husband were involved in commercial transactions with each other. The petitioner was threatening the complainant and her husband day in and day out and often became abusive as well. Because of this conduct of the accused, the complainant was fearing harm to her and her husband's lives. The statement of the complainant was recorded in connection with the said complaint by the SHO, Police Station Pratap Nagar on 29.06.2014 and in such statement, she did not give any reference to the so-called incident of sexual assault which allegedly took place on 16.06.2014. The statement of Jugal Kishore, husband of the complainant, was also recorded in connection with the said complaint on 29.06.2014 itself and in such statement, he stated that the accused came to his Mohalla on 16.06.2014 and hurled abuses and went away threatening that he would implicate Jugal Kishore in a false case. The petitioner was arrested in connection with the said complaint on 30.06.2014 and was released on bail. Referring to the said complaint, Shri Farzand Ali urged that had there been an iota of truth in the allegations as set out by the complainant in the impugned FIR that the petitioner subjected her to rape on 16.06.2014, then there was no rhyme or reason as to why the complainant would not make a mention of the so-called incident dated 16.06.2014 in the complaint which she filed against the petitioner under Section 107-116 Cr.P.C. on 29.06.2014 which came to be filed well after the so-called incident of rape. He thus urged that apparently, the petitioner has been falsely implicated in this case owing to a monetary dispute existing with the complainant's husband and that the entire set of allegations levelled in the impugned FIR is false and fabricated. He thus implored the Court to exercise its inherent powers for quashing the impugned FIR.