ORDER

1. By the instant petition filed under Article 226 of the Constitution of India, the petitioner is asking for following relief:-

“(i) That, the Hon’ble Court may kindly quash the FIR dated 13.4.2022 and also quash the resulting charge sheet no.264 of 2022, dated 20.5.2022 pending in the court of Xth Add. Sessions Judge, Bhopal.

(ii) That, the Hon’ble Court may kindly quash all the proceedings taken up in S.T. No.527/2022 on the file of Xth Add. Sessions Judge, Bhopal.

(iii) Any other relief/reliefs, order/orders, direction/directions which this Hon’ble Court may deem fit and proper may kindly be granted to the petitioner.”

2. The facts in compendium leading to filing of this petition are as follows:-

(2.1) A complaint was filed by the complainant/respondent No.2 at Police Station Bagsevaniya, District Bhopal, in pursuance to which, the offence got registered on 13.4.2022 vide FIR/Crime No.263/2022 for the offence punishable under sections 376(2)(n) and 506 of the Indian Penal Code against the petitioner.

(2.2) The complainant met with the petitioner first time in the year 2015 at Global Hospital, Arera Colony, where the petitioner was running a pharmacy store and the complainant used to visit the hospital as her family friend was getting treatment in the said hospital. The complainant used to purchase medicines from the shop of the petitioner and as such, they came closer and thereafter, their relationship converted into affair. The petitioner used to visit the house of the complainant and physical relation developed between them.

(2.3) As per the complainant, the petitioner assured her to get married and because of that assurance, she has not objected to continue with the said physical relationship, but when assurance given by the petitioner could not be completed for long, the family members of the complainant got her married with some other boy, despite that the petitioner used to come to the house of the complainant and insisting her to get divorce from her husband and then he would marry to her.

(2.4) In the year 2019, the petitioner entered into marriage with some other girl and in the meantime, he had developed relation with the husband of the complainant and continued with physical relation to the complainant.

(2.5) In the year 2020, the husband of the complainant was sent to jail as convicted in one of the criminal cases, but relationship between the petitioner and the complainant was continued. According to the complainant, the petitioner was continuously asking her to get divorce from her husband and last in April, 2022, the petitioner has developed physical relation and when the complainant asked him to get married to her, he threatened her and also shown photographs saying if she would follow him, the photographs would be shown to her husband.

(2.6) Thereafter, she narrated the story to her parents and they visited the house of the petitioner to make them understand to ask their son not to behave in such a manner and stop relationship with the complainant. A written complaint was made by the complainant at Police Station Bagsevaniya and as such, the offence got registered.

(2.7) The petitioner had also purchased a house situated over Khasra No.143 and 144, Krishna Enclave, Hoshangabad Road, Bhopal. A saledeed was executed in the name of petitioner by one Paramjeet Singh and in the said house, the complainant started living as a tenant. The complainant and her husband were involved in one criminal case, in which, the husband of the complainant was convicted. The petitioner thereafter asked the complainant to vacate his house, but it was refused by the complainant/respondent No.2 and she also threatened the petitioner saying that if she is asked to vacate the house, he would be implicated in such offence.

(2.8) A civil suit i.e. RCSA No.573/23 has also been filed by the complainant against the petitioner at Civil Court, Bhopal, for permanent injunction and also seeking direction that the petitioner be directed not to