* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 2^nd December, 2024 + CRL.M.C. 2775/2023, CRL.M.A. 10405/2023, CRL.M.A.

10406/2023, CRL.M.A. 13643/2023 CAPT. RETD JAGADISH RATH .....Petitioner Through: Mr. V.K Singh, Mrs. Prachi Singh, Mr. Sourav Kumar and Ms. Yakshi Rawal, Advocates versus STATE OF DELHI AND ORS .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP for the State.

Mr. Anil Kumar Yadav and Mr. Afsar Bano, Advocates for R-2 CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter as the “Code”) [now under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023] has been filed on behalf of the petitioner seeking quashing of the FIR bearing no. 092/2021, dated 20^th February, 2021, registered against the petitioner at Police Station – Dwarka North, Delhi under Sections 376/377 of the Indian Penal Code, 1860 (hereinafter as the “IPC”).

Signature Not Verified Digitally Signed By:PRAVEEN CRL.M.C. 2775/2023 Page 1 of 17

2. The brief facts of the case which led to the filing of the instant petition are as follows:

a. The petitioner herein is a retired Captain from Indian Navy and is currently working as a Vice President of Electronic Lab (I) Private Limited.

b. The petitioner got separated from his wife in the year 2005 and has one son born out of their wedlock. The respondent no.2/prosecutrix herein is a well-educated woman with a post-graduate degree in law and has been divorced twice.

c. In August, 2014, a party for singles was organised in the name of Civil Services Officers Mess, where the petitioner and the prosecutrix met each other and got acquainted. Over a course of time, a friendship developed between the two and they started meeting each other frequently.

d. However, on 13^th December, 2017, the prosecutrix got registered an FIR bearing no. 579/2017 against the petitioner at Police Station –

Vasant Kunj (North) under Sections 376/506 of the IPC.

e. Subsequently, a petition bearing CRL. M.C. 1588/2020 was filed by the petitioner seeking quashing of the FIR bearing no. 579/2017 on the ground of settlement. The Co-ordinate Bench of this Court vide order dated 24^th September, 2020, quashed the said FIR on the ground of settlement/compromise between the parties.

f. Thereafter, the relationship between the petitioner and prosecutrix rekindled and they again started to meet each other frequently. Shortly Signature Not Verified Digitally Signed By:PRAVEEN CRL.M.C. 2775/2023 Page 2 of 17 after that, the prosecutrix registered the impugned FIR against the petitioner for committing the offence of rape on the pretext of false promise of marriage.

g. A complaint under Section 156(3) of the Code alongwith Section 200 of the Code was filed by the prosecutrix and a case regarding the same is pending before the learned Chief Metropolitan Magistrate, Patiala House Courts, New Delhi.

h. The petitioner filed an application seeking anticipatory bail before the learned ASJ-04, South West District, Dwaraka Courts, Delhi and vide order 27^th February, 2021, the petitioner was granted the relief of anticipatory bail.

i. The police has also filed a chargesheet under Section 173 of the Code and the charges have been framed against the petitioner vide order dated 9^th February, 2023 by the Court concerned.

j. Aggrieved by the same, the petitioner filed the instant petition seeking quashing of the impugned FIR.

3. Learned counsel appearing on behalf of the petitioner submitted that the instant FIR was lodged based on false and frivolous allegations made by the prosecutrix as the petitioner and prosecutrix were involved in consensual intercourse for a period of more than six years.

4. It is submitted that the prosecutrix falsely alleged that the petitioner has committed rape under Section 376 of the IPC, however, the criteria laid under the Section 375 of the IPC is not satisfied and the same is a misuse of the process of law