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2018 Supreme(Raj) 1181

IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
SANJAY SINGH JETHI - Appellant
Vs.
STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR - Respondent
Criminal Miscellaneous (Petition) No. 4462 of 2017
Decided On : 25-05-2018

Advocates Appeared:
Vandana Bhansali, M.S. Panwar, Simratha Ram, Advs.

Headnote:

Criminal Procedure Code - 1973 - Section 482 and 164 – India Penal Code - Section 376 – FIR – Quashed - Demand - It may be stated here at outset that on previous date of hearing when counsel engaged by respondent complainant had appeared in Court to argue matter on her behalf she was apprised of totally uncalled mails and letters sent by her to petitioners employer - She categorically stated that she would be forwarding an apology letter in this regard - Today when matter was taken up for hearing no one has appeared on behalf of complainant and thus this Court has proceeded to hear matter ex-parte – Held, Manifestly thus complainant who appears to be enamoured by petitioner and his status in society and has used present prosecution to somehow or other to attain her goal of marrying him - After perusing and appreciating allegations levelled in impugned FIR and surrounding circumstances this Court is of firm opinion that same does not disclose necessary ingredients of offence alleged - Registration of impugned FIR is nothing but misuse of criminal process launched with sole aim of coercing petitioner to marry complainant – Petition allowed

JUDGMENT :

Sandeep Mehta, J.

Through this miscellaneous petition under Section 482 Cr.P.C, the petitioner Sanjay Singh Jethi has approached this Court for quashing the FIR No.155/2017 lodged at the Police Station Mahila Thana, Jodhpur City (West) for the offence under Section 376 IPC.

2. It may be stated here, at the outset, that on the previous date of hearing, when the counsel engaged by the respondent No.2 complainant had appeared in the Court to argue the matter on her behalf, she was apprised of totally uncalled mails and letters sent by her to the petitioner's employer. She categorically stated that she would be forwarding an apology letter in this regard. Today, when the matter was taken up for hearing, no one has appeared on behalf of the complainant and thus, this Court has proceeded to hear the matter ex-parte.

3. The FIR mentioned above came to be lodged by the respondent No.2 before the Commissioner of Police, Jodhpur Metropolitan with the following allegations:

"I am giving this application for your sincere concerned about the problem I am facing right now. I was studying in standard 11th in 2007 with my colleague Sanjay Singh Jethi. We were in same class and in same stream. Sanjay made physical relation with me in 11th Standard by the name of true love. As I was not aware about any thinks he made a CD of ours. On the basis of that CD he was making physical relation with me again and again. After completion of 12th Standard, he moved to Kurukshetra for hotel management. We were in touch through calls. Later, in 2012 he moved to Dubai. He then met me on 2016 Oct., at Jaipur and promised me to get married. In 2017, he met me in a married function of his friend and proposed for marriage. I accepted that and rejected all the proposed. Given by my family. He then said that his family is ready for our marriage proposed and on a particular interval he met me in Jaipur and UP. On 8th July, 2017, he decide for marriage and blocked me from every where. We have already sent him notice for the same but still, I did not get any response from him. I am mentally very disturbed so please suggest and help me in best & possible way. I want to marry him and want to get settled down."

4. Learned counsel Ms. Vandana Bhansali representing the petitioner vehemently urged that ex-facie, the allegations levelled in the FIR are false and fabricated. The petitioner had for some time been in contact with the respondent No.2 way back in the year 2007 when both were students of XIth standard at Kendriya Vidhyalaya, Jodhpur. Thereafter, the petitioner moved on in his life and has achieved significant position and is presently having a lucrative job in Dubai. The complainant came to know of these facts from social media contact and thereafter, tried to misuse her casual contact with the petitioner and is virtually extorting and pressuring him to marry her, even though, there existed no such consensus between the petitioner and the complainant. The petitioner has never visited Jodhpur since the year 2007. She urged that even if the complainant's conjectural and cooked up allegations as mentioned in the FIR are admitted to be true on the face of the record, admittedly the initial sexual relations between her and the petitioner were established with consent way back in the year 2007 when both were school students. The petitioner moved on to Kurukshetra after completing his schooling and did a course of hotel management. In the year 2012, he proceeded to Dubai. The complainant claims that the petitioner met her in the year 2016 at Jaipur and promised that he would marry her. Then, both met in a marriage function of the petitioner's friend where, the petitioner allegedly proposed the complainant who accepted the proposal and turned down the offers received by her family. Both allegedly met at frequent intervals in Jaipur and U.P. However, on 08.07.2017, the petitioner allegedly blocked and repelled all attempts of contact by the complainant. The complainan







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