REKHA MIRCHANDANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner-Kum. Rekha Mirchandani (hereinafter to be referred as "prosecutrix") has preferred Writ Petition No.503/2018 seeking fair, proper and impartial investigation in FIR No.101/2018 registered with Police Station Shyam Nagar, Jaipur City (South), Petitioner-Akshay Gangani (hereinafter to be referred as "accused") has preferred Writ Petition No.287/2018 seeking quashing of FIR No.101/2018 registered at Police Station Shyam Nagar, Jaipur City (South). Since both the petitions pertain to same FIR, are being decided by this common order.

(2.) Counsel for the prosecutrix contends that a hand written report was submitted at Police Station Shyam Nagar, Jaipur on 27.02.2018 opon which FIR No.101/2018 was registered. Statement of prosecutrix was recorded under Section 164 Cr.P.C.

(3.) It is contended that prosecutrix and her parents got to know accused on Bharat Matrimonial site, in pursuance thereto both the parties met with each other. Five days prior to the date of engagement it came into the knowledge of prosecutrix's family that accused is having bad habits. However, the accused ensured that in future he will leave all bad habits and relying upon the same, prosecutrix got engaged with accused on 21.10.2017. It is alleged in the FIR that accused came to Jaipur for pre-wedding video shoot and had sexual relations with prosecutrix without consent between 21.12.2017 to 24.12.2017. It is contended that police has come to the conclusion that offence is made out still police has not arrested the accused and is not filing the challan before the Court.