Delay in filing an FIR for sexual offences does not invalidate the complaint; jurisdiction of police upheld due to the continuing nature of the offence.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for quashing of FIR No. 56/19, dated 31.10.2019 registered under Sections 376 and 506 of IPC and Section 67 of the Information Technology Act, 2000 in Women Police Station, Solan, H.P.

2. The informant made a complaint to the Police that she had filed a case under the Domestic Violence Act in 2014. The petitioner used to help and call her to Shimla to discuss the case. He gave something to her in her drink and had sexual relations with her forcefully. He obtained the nude photographs and videos. Subsequently, the case was resolved and the victim started residing with her husband. The petitioner started threatening her. She blocked him. The victim came in contact with one lady and became close friends. She called the victim to her house and took photographs of the victim. She started taking money from the victim. When the victim refused, she started trolling the victim on Facebook. She also uploaded photographs of the victim. The petitioner came in contact with her and supplied photos and videos of the victim to that lady. These photographs were uploaded on the internet. The matter was reported to the police. The police registered the FIR and conducted the investigation.

3. The petitioner filed the present petition for quashing of FIR. It has been asserted that the FIR shows that sexual relations were maintained in the year 2014. No complaint was made for five years. The delay shows the voluntary participation of the victim. The report of FSL does not show the commission of the offence punishable under Section 67 of the Information Technology Act. The victim filed a false complaint against the petitioner to harass him at the instance of her husband. The police of Women Police Station, Solan conducted the investigation but the incident had taken place at Shimla and the Women Police Station, Solan had no jurisdiction to carry out the investigation. Therefore, it was prayed that the present petition be allowed and the FIR be quashed.

4. Respondent No. 1 filed a reply reproducing the contents of the FIR. It was asserted that the police conducted an investigation and presented the challan before the Court. The co-accused Pooja Chauhan absconded and the proclamation was issued against her. There is sufficient material on record to connect the petitioner with the commission of the crime. The victim is residing in the jurisdiction of Women's Police Station, Solan, where she found that her nude photographs were uploaded on the social media. Therefore, the police at Solan had the jurisdiction. Hence, it was prayed that the present petition be dismissed.

5. A rejoinder denying the contents of the reply and affirming those of the petition was filed.

6. The victim was impleaded as respondent no. 2, however, no reply was filed on her behalf.

7. I have heard Mr. Om Chand Sharma, learned Counsel for the petitioner and Ms. Avni Kochhar, learned Deputy Advocate General for respondent no. 1/State.

8. Mr Om Chand Sharma, learned counsel for the petitioner submitted that the police at Police Station Solan did not have the jurisdiction. The police should have registered the zero FIR and transferred the case to the Police Station, Shimla where the incident had taken place as per the FIR. The FIR was lodged after the delay of five years which is sufficient to cast doubt upon the version of the victim. The medical evidence does not support the version of the victim. Nothing incriminating was found in the mobile phone of the petitioner. No offence for the commission of an offence punishable under Section 376 of IPC is made out against the petitioner, as the victim had consented to the relationship. Hence, he prayed that the present petition be allowed and the FIR be quashed.

9. Ms. Avni Kochhar, learned Deputy Advocate General for respondent no. 1/State submitted that the victim specifically stated that something was administered to her in her drink and the relationship was maintained by