IMPORTANT POINT
Rape, abetment and criminal intimidation – Applicant cannot be sent for trial for false allegations.

ORDER (ORAL)

This application is filed under section 482 of the Code of Criminal Procedure, 1973 for quashment of the FIR registered with Dumas Police Station, Surat, being I-CR No. 11210006210299 of 2021 for the offences punishable under Sections 376(1), 114, 506(1)(2) of the IPC alleging the accusations against the four persons wherein, the present applicant was named as accused no.1.

2. It is the case of the first informant that she is running a beauty parlour at Varachha, Surat, and had sent a friend request on the Facebook ID of the present applicant. On 25.01.2019, a friend request was sent by the complainant on Facebook account of the present applicant which was accepted by the present applicant, and thereafter, there were regular contacts between the present applicant and the complainant. As per the allegations, one day, the present applicant had called the victim and insisted to meet at his office, in turn, the first informant went to the office of the applicant wherein one Bipinbhai was introduced by the present applicant who had offered the job to the first informant in the business of import and export. The first informant thereafter was offered a cold drink, and having the same she felt dizziness and had lost consciousness. On regaining consciousness, after one and half hour, she left the office on her Activa. Thereafter, again the applicant had called her and invited at the house of one Deenaben who is accused no.4 for meeting and lunch. She went there and had realized that the present applicant as well as the accused no.4 had consumed alcohol, and she was also offered, but she denied to consume the same. She left the house of accused no.4, and thereafter, on multiple occasions, she met the applicant. On 23.10.2020, the applicant had informed the first informant to make food for about 4-5 people and informed to visit the office situated at Vesu, and she went there, again she was offered a drink, and on taking the same, she vomitted, and to change the clothes, the accused no.4 had taken her in her room situated at the upper floor of the said premises. The applicant came there and had started taking the advantage of the situation which was objected by the first informant, and she felt dizziness, she laid down in the room, started video recording on her phone. As per the contention, physical relations were made by the applicant against the will of the complainant, and on gaining the consciousness, she left the room where the applicant had asked not to disclose the incident to anyone or to face dire consequences. The first informant was dropped back to V.R. Mall. Thereafter, on number of occasions, the applicant indulged into physical relations with the first informant and as the first informant was forced after showing the nude photographs of different girls to come as and when she would be called as well as to provide the other girls also, the first informant has lodged the FIR on 11.06.2021 stating the period of offence from 25.01.2019 onwards. The said FIR is subject matter of challenge before this Court at the hands of present applicant/accused no.1.

3. Heard learned advocate Mr. Dholakia for the applicant and learned APP Mr. Ronak Raval for the State.

3.1. It is submitted by learned advocate Mr. Dholakia that as per the contentions recital of the FIR, the first informant aged around 38 years had sent friend request to the present applicant. The present applicant had responded the request, and thereafter, they came into contact with each other, and had developed physical relations. It is submitted by learned advocate Mr. Dholakia that keeping mobile on 23.10.2020, the first informant had made physical relations with the applicant, and purpose of keeping mobile on is to extort the money or to blackmail the present applicant. It is submitted by learned advocate Mr. Dholakia that the transcript of the call recording between the present applicant and first informant which is produced suggests that time and again the