LAXMINARAYAN DODIYAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been filed on behalf of the petitioner with a prayer for quashing of FIR No.28/2018 of Police Station Mahila Thana, District Udaipur for the offences punishable under Sections 376, 420 and 313 IPC.

(2.) In the impugned FIR, the complainant has alleged that the petitioner is working as a teacher in Education Department with her father, who is also a teacher. It is stated that as the petitioner used to visit the house of the complainant, therefore, during that course of time relationship between them was developed and the petitioner promised to marry her. It is alleged that under the pretext of that promise, petitioner raped her against her will in March, 2015 and when the complainant insisted for marriage he assured that he would marry her very soon. It is further stated in the FIR that when the complainant started residing at Udaipur, the petitioner used to visit her house, again he raped her while promising that he would marry her. It is further alleged in the FIR that on account of physical relations between the petitioner and her she became pregnant and then the petitioner provided her some medicines for abortion. It is stated that in January, 2018 again the petitioner tried to rape her and when she complained about the same to her mother, her mother assured that as you are already engaged with him so you should keep quite. It is alleged in the FIR that the petitioner had no intention to marry her and when complainant repeatedly asked him to marry, he threatened to defame her by posting her objectionable video clips on social media.

(3.) Learned counsel for the petitioner has submitted that earlier also the complainant has lodged an FIR No.195/2017 at Police Station Surajpole, Udaipur levelling similar allegations, however, in the said FIR, the petitioner and the complainant entered into a compromise and on the basis of the said compromise, the police have filed a negative final report in the above referred FIR.