J.B. Pardiwala, J.

1. "Heav'n has no Rage, like Love to Hatred turn'd, Nor Hell a Fury, like a Woman Scorn'd" - William Congreve.

2. "There is an old Jewish saying "if you are close when you should be distant, you will be distant when you should be close". It is for both the man and woman to restrain themselves and not to indulge in intimate activities prior to the marriage. Undoubtedly it is the responsibility, moral & ethical, both, on the part of men not to exploit any woman by extending false promise or through devious acts to force or induce the girl for sexual relationship. But ultimately, it is the woman herself who is the protector of her own body. Promise to marry may or may not culminate into marriage. It is the prime responsibility of the woman in the relationship or even otherwise to protect her honour, dignity and modesty. A woman should not throw herself to a man and indulge in promiscuity, becoming source of hilarity. It is for her to maintain her purity, chastity and virtues".

3. Many people today consider marriage solely in terms of biology, sociology or culture. When marriage and family life are viewed in a merely naturalistic manner, they lose all reference to God and are no longer rooted in the absolute values or founded upon divinely ordained truths. One result is that the premarital sex, trial marriage, and cohabitation are a commonplace today. Adultery, divorce, and remarriage are treated casually. "Pre-nuptial contracts" are becoming a popular way to take out economic insurance against a likely future divorce.

4. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report being M. Case No. 2 of 2015 registered with the Gandhigram Police Station, Rajkot for the offence punishable under Sections 376, 406, 420, 467, 468, 471 and 506 of the Indian Penal Code.

5. It all started first with a complaint lodged in writing by the respondent No. 2 herein addressed to the Police Commissioner, Rajkot dated 25th September 2014. The free English translation of the complaint reads as under:

"(1) I am residing at Rajkot. I am a mother of two children. I got married 18 years back to a resident of Rajkot namely, Arvindbhai Kesur. In the wedlock, two children were born. I developed friendship with one Bhanjibhai Chavda, a resident of Jangleshwar, Rajkot. On account of such friendship, I divorced my husband. After divorce, Bhanjibhai Chavda used to take care of me. Bhanjibhai had promised me that if I would take divorce, then he would take care of me for the rest of my life. He had also promised me that he would buy a house and household articles for me. He has exploited me physically and mentally. I kept on suffering the exploitation with my mouth closed. Bhanjibhai used to take me out at different places. We have clipped pictures together. I am producing the pictures.

(2) I beg to inform you that Bhanjibhai time and again kept on giving me big allurements. He also allured me by promising to buy a house and gold jewellery. He had given the promise to me in writing and I annex the letter herewith.

(3) There is a land running in the name of the wife of Bhanjibhai. The land is an agricultural land situated at Kalipat. The land has been allotted by the Government. Bhanjibhai had assured me that he would transfer the land in my name, but since I am not an agriculturist, I could not get the land. He, however, promised me that he would sell the land and the sale proceeds would be paid to me. The documents in this regard are herewith annexed.

(4) Whenever Bhanjibhai Chavda had to report for the 'Bandobast', I used to receive the phone calls at my house from the office of the police department. The writers working in the police department used to come to my house to convey the messages to Bhanjibhai Chavda. Bhanjibhai Chavda used to stay at my house only. He had promised me tha