Abhilasha Kumari, J.

1. Rule. Mr. L.B. Dabhi, learned Additional Public Prosecutor, waives service of notice of Rule for respondent No. 1- State of Gujarat and Mr. Ankit Shah, learned advocate, waives service of notice of Rule for respondent No. 2 (complainant). On the facts and in the circumstances of the case and with the consent of the learned counsel for the respective parties, the application is being heard and decided finally.

2. By preferring this application under Section 482 of the Code of Criminal Procedure, 1973 ("the Code" for short), the applicant has prayed that the FIR being C.R. No.I-87 of 2013, registered with Bopal Police Station, Ahmedabad, against the applicant on 31.10.2013, for offences punishable under Sections 376, 377, 323 and 509 of the Indian Penal Code, as well as the charge-sheet dated 01.01.2014, and subsequent proceedings pending before the learned 8th Additional District Judge, Ahmedabad (Rural), be quashed and set aside.

3. The sum and substance of the allegations made in the FIR are as under:

"3.1 The complainant and the applicant were known to each other since the year 2000, from their college days. After her marriage, the complainant shifted to Delhi. In the year 2008, when the complainant was residing separately from her husband, the applicant contacted her and they again came into contact with each other and started meeting. In the year 2010, the complainant shifted to her husband's flat at Sector-7, C/501, Bopal Sun City, Bopal, Ahmedabad, from Delhi, with her son aged ten years. At that point of time, she came to know that the applicant was suffering from depression. Hence, the complainant visited the applicant at Bangalore, Mantri Ellygunj, Benargatti. Further, in August, 2011, the complainant shifted to a rented house at the address mentioned in the Memorandum of the application, from her husband's flat, along with her son. It is alleged that in August, 2012, the applicant came to the house of the complainant and stayed there for three days. During that period of time, the applicant had promised the complainant that he would marry her after he obtained a divorce. On the basis of this promise, the applicant started cohabiting with the complainant and had physical relations with her for three consecutive days. In December, 2012, the complainant got a divorce from her husband. The applicant visited the house of the complainant and stayed there for four days, during which, they had a physical relationship for four consecutive days.

3.2 It is further stated that the applicant visited the house of the complainant in February, 2013, for three days and in the month of March, 2013 for five consecutive days. The applicant also visited the house of the complainant in June, 2013 for two consecutive days and during all the above periods of time, a physical relationship took place between the applicant and the complainant. It is further alleged that in July, 2013, the applicant came to the house of the complainant and had an unnatural physical relationship with her for two consecutive days. When the complainant talked to the applicant about marriage, he tried to avoid the topic. In August, 2013, the complainant came to know that the applicant was trying to get married to some other girl. The complainant contacted him by way of E-mail and asked him about the same. She visited the applicant at Bangalore for three days and asked the applicant to marry her. At that point of time, the applicant allegedly hit her, treated her badly and ignored her request for marriage. Thereafter, the applicant left for Bombay and on 10.10.2013, he called the complainant and informed her that he was going to get married on 12.10.2013, to another girl at Delhi. On 21.10.2013, it is alleged that the applicant called up the complainant and spoke badly to her.

3.3 Under the circumstances, respondent No. 2 filed a complaint, on the basis of which the FIR in question has been registered."

4. It is the case of the applicant bef