MAJOR AMRIT YADAV Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 Cr.P.C., seeking to quash the proceedings in P.R.C.No.74 of 2022 on the file of the XXII Additional Chief Metropolitan Magistrate at Secunderabad.

(2.) Heard learned counsel appearing on both sides and learned Additional Public Prosecutor for the State. Perused the record.

(3.) The petitioner is charge-sheeted for the offences under Ss. 376(2)(n), 496, 417 and 506 of IPC on the basis of a complaint lodged by the 2nd respondent. In the complaint, she stated that she got married to one Rajiv Sayam and had two sons. In the month of August 2016, she shifted to Trimulgherry, Hyderabad. In the month of January 2017, she got acquainted with the petitioner. The petitioner allegedly asked her to seek separation from her husband. They lived separately and petitioner used to take care of all the necessities. During November 2018, the petitioner used to call her daily and they had developed physical intimacy. The petitioner promised to marry her after she gets divorce from her husband. On 9/8/2020, the petitioner stayed in the house of 2nd respondent for a week and before leaving to Meerut from Secunderabad, took her to gold shop and purchased Mangalsutra and tied around her neck in the presence of god and her son. Petitioner continued to have sexual intercourse with her for the reason of petitioner marrying her. 2nd respondent went and met the petitioner at Meerut. On 21/12/2020 Petitioner dropped her at Nizamuddin Railway Station and since then the petitioner stopped seeing her, for which reason the present complaint was filed alleging rape and cheating.