IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 1091 of 2017 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ==========================================================

Approved for Reporting Yes No ==========================================================

TARUNKUMAR ASHOKKUMAR CHOUKSEY Versus STATE OF GUJARAT & ANR.

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Appearance:

MR PAWAN A BAROT(6455) for the Applicant(s) No. 1 HCLS COMMITTEE(4998) for the Respondent(s) No. 2 MS MONALI BHATT, APP for the Respondent(s) No. 1 RICHA SHAH(7541) for the Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 04/05/2026

JUDGMENT

1) By way of present revision application under Sections 397 read with

401 of the Code of Criminal Procedure, 1973, the applicant has prayed for quashing and setting aside the order dated 13.09.2017 passed by learned Additional Sessions Judge, Rajkot, in Sessions Case No.167/2016, whereby, the discharge application filed by the accused below Exh:26 came to be dismissed.

2) Heard Mr. Pawan A. Barot, learned counsel for the applicant –

accused, Ms. Monali Bhatt, ld. APP for the respondent – State and Ms.

Richa Shah, learned counsel for respondent No.2.

3) Brief facts of the case are that the applicant is studying and doing private job and by doing job earns his livelihood. The complainant is residing at Rajkot since last one and half year and with her sister since last two months and her permanent address is of Madhya Pradesh too and the complainant is working as teacher In different private school at Rajkot and she is well educated. The complainant went to Jabalpur (M.P) in the year 2012 and come in to contact with the present applicant and since then they are friends. In the year 2014, she got married with one Niranjanbhai Dilipbhai Shah at Rajkot and residing at Rajkot with in-laws, but as there are disputes and harassment from In-laws, the complainant - respondent no.2 got divorce in February 2015. Then she shifted as paying guest in Rajkot and she again started talking with present applicant and informed him about his family problem and at that point, applicant also stated loss in business and he wanted to die and at that point of time present complainant advised him to come to Rajkot and then the applicant went to Rajkot on 10.02.2016. Both the applicant and complainant were residing in different house and then, in July 2015, present applicant asked the respondent to join him in his apartment and at that point of time, the applicant introduced the complainant as his wife to the owner of the house and told the complainant that after she got divorce from his husband, he will marry her. Thereafter, present applicant started working as software engineer in company and after month he left the job and the present applicant insisted the complainant to have physical relationship and also stated that she is not liking the same as applicant used to talked with other girls too. That in the month of November 2015, she got legal divorce from his husband and then they both shifted to new address and thereafter, the appellant and complaint made physical relationship. Therefore, the applicant went to Jabalpur and avoided talks with the complainant and stopped whats App chats. With the said allegations, the complainant lodged FIR before Mahila police station at Rajkot.

4) Learned counsel for the applicant has submitted that the complainant is elder than the applicant and the complainant married and then got divorced and started to reside with the applicant and developed relationship between them. He has further submitted that, no ingredients of the alleged sections are made out. The relationship between the applicant and complainant was consensual in nature. The alleged offence to have been committed in the year July, 2015 till April, 2016 and FIR got regis