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DELHI HIGH COURT
Rajnish Bhatnagar, J.
(Via Video-Conferencing)
Swatantra Kumar Jaysawal – Petitioner
versus
State and Anr. – Respondents
W.P.(Crl.) 1904 of 2021
Decided on 3.1.2022
Indian Penal Code, 1860 – Sections 376/323/506 – Constitution of India – Article 226 read with Section 482 of Criminal Procedure Code, 1973 – Sexual assault – Petitioner is a Government Servant, holding a Gazetted post – Being a Government Servant, he is expected to maintain high moral rectitude and decent standard of conduct in his personal/private life and not bring discredit to his service by his misdemeanours – A Government servant has all the more responsibility as far as his conduct is concerned towards society – Rape not only destroys personality of victim but it also scars mental psyche of victim which remain embedded on mind of victim for years together – Charges of rape are of grave concern and cannot be treated in a casual manner – By simply entering into compromise, charges cannot be said to have been mitigated or that allegations levelled by respondent No. 2 regarding alleged offence lost its gravity by any means – Act of rape is not an act against individual but this is an offence against t society – FIR with allegations of rape cannot be quashed in exercise of powers vested in this Court under Section 482 Cr.P.C. on the basis of settlement between complainant (Respondent No. 2) and petitioner and their subsequent marriage as the same does not waive off offence as alleged by complainant against petitioner – Petition dismissed. (Paras 12, 19, 20 and 21)
Result: Petition dismissed.
ORDER
Rajnish Bhatnagar, J.—The present petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 for quashing and cancelling the FIR No. 219/2021 under Section 376/323/506 IPC registered at P.S. Patparganj Industrial Area and all the proceedings thereof.
2. Briefly stated, the facts of the case are that on 25.06.2021 an information from PCR vide DD No.54A was received at PS Patparganj Industrial Area, wherein it was reported that Complainant was not telling anything about complaint but asking for urgent police assistance. Accordingly, IO SI Moolchand reached the place of incident i.e. ICD Patparganj Custom office and met the complainant, who told that she had a scuffle with her male friend Swatantra (petitioner herein) and he had tried to assault her. The Complainant was brought to PS Patparganj Industrial Area and further enquiry proceedings were marked to WSI Anjali Rana. Initially, the complainant revealed only about the scuffle and was hesitating in disclosing further facts, but later she disclosed regarding act of sexual assault having been committed upon her by accused Swatantra Jaysawal (petitioner herein) in his ICD Patparganj Office at 03.30 pm on 25.06.2021 when she had gone to talk to him regarding their marriage.
3. Complainant was taken to LBS Hospital for medical examination, wherein after due process of counselling by NGO, complainant gave history of sexual assault (fingering) by petitioner on 25.06.21 at 02:30 pm. She also gave history of sexual assault in the form of intercourse without her consent by petitioner/accused on 27.12.20 and 06.04.21. In her medical examination, history of molestation was alleged by complainant on 10.12.20 & 12.12.20.
4. After her medical examination, complainant narrated about the incidents that had happened with her and she gave a hand written complaint, wherein she stated that she came in contact with petitioner/accused Swatantra Jaysawal through website Jeevansathi.com. Petitioner/accused requested for the mobile number of complainant as he wanted to talk to her regarding their marriage. Petitioner/accused told her that he was aged about 32 years. He was unmarried and an officer in Customs. He concealed the fact regarding his first love marriage and that his first wife committed suicide for which case was going on in the Court.
5. Petitioner/Accused met complainant at Ayodhya and Lucknow on 10.12.20 and 12.12.20 respectively. Complainant told him to meet her parents, but he asked for more time to understand each other. They continued to talk and when complainant asked him to proceed with marriage talks, he called her to Faridabad. On 26.12.2020, petitioner/accused took complainant to Vivanta by Taj’ Hotel in Faridabad and that night petitioner/accused raped her against her will. Petitioner/accused also told complainant that he would marry her in Arya Samaj Mandir, but later on he made excuses that mandir was closed and also told her to return to Ayodhaya. Petitioner/accused asked for one month’s time to solemnize marriage, but then he did not pick her phone calls.
6. On 09.02.2021, complainant lodged a complaint with NCW through email and also informed petitioner/accused about this. Petitioner/accused contacted her and asked to withdraw that complaint and not to spoil their relations.
7. On 21.03.2021 petitioner/accused reached Bhopal and put vermilion on complainant and said that now they were husband and wife but he did not let her meet his family. In her complaint, the complainant further alleged that on 06.04.2021 also petitioner/accused raped her in car near Haldiram, Akshardham. On 14.04.2021, complainant again lodged a complaint against petitioner/accused in NCW which finally reached Mahila Thana, Faridabad’. On 21.06.2021, petitioner/accused came to that police station and again he made promise to marry complainant and accordingly she withdrew her complaint.
8. It is fu
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