An order rejecting a discharge application under Section 227 CrPC must demonstrate a reasoned application of mind to the prosecution material rather than a perfunctory statement that a prima facie case exists.

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE ORDER DATED 26.07.2022 DISMISSING DISCHARGE APPLICATION U/S.227 OF CRPC FILED BY PETITIONER IN S.C.NO.20/2021 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI FOR THE OFFENCES P/U/S.376(2)(n), 417, 504, 506 OF IPC AGAINST PETITIONER NO.1 AND 2 AND QUASH ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI.

THIS PETITION IS COMING ON FOR 'DICTATING ORDERS', THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL ORDER

Challenging order dated 26.07.2022 passed by Principal District and Sessions Judge, Udupi in SC no.20/2021 dismissing application under Section 227 of Code of Criminal Procedure, 1973 (CrPC), this petition is filed.

Smt.Urmila Pullat, learned counsel for petitioners submitted that petitioners were accused no.1 and 2 (petitioners) in complaint filed by respondent no.2 (complainant) with Udupi Women Police Station on 09.12.2020, alleging that she came to know accused no.1 on matrimonial website in February 2012. And after returning from United Kingdom in 2017, he was practicing medicine in Bengaluru. She stated that though she was a divorcee after knowing each other sufficiently they agreed to marry. Accused no.1 went to her home in Kasaragod and assured her family members that he would marry her within six months. After gaining their trust on promise of marriage, accused induced her to move into his house at Udupi, where accused forcibly had sexual intercourse without her consent. She endured same in view of promise of marriage. That accused no.1 also introduced her to his family members and also took her to his home at Hanumantanagar, Bengaluru. But, accused no.1 kept postponing marriage on one pretext or other. After secretly recording their intimate videos and taking photos subjected her to repeated physical assault and severe mental torture and that she endured same in view of his promise to marry her.

And during 12th to 14th November, 2020, accused no.1 informed that he would not marry her and refused to permit her to reside with him. He warned her not to speak about their relationship to anyone and if she resorted to legal remedies he would spoil her image by circulating her intimate photos/videos on social media and also threatened to kill her if she insisted on marriage.

And instead of advising accused no.1, accused no.2 (father of accused no.1) sided with his son and on 07.12.2020, they came to Udupi and abused complainant in filthy language, accused no.2 told her that he would not permit her marriage with accused no.1. Stating that above acts were offences, complainant sought legal action against accused. Same was registered as Crime no.35/2020 for offences punishable under Sections 376, 417, 504, 506 read with Section 34 of Indian Penal Code, 1860 (IPC). And after investigation, charge-sheet was filed on 01.02.2021 against accused no.1 for offences punishable under Sections 376 (2) (n), 417, 504 and 506 of IPC and against accused no.2 for offences punishable under Sections 504 and 506 of IPC. Thereafter cognizance was taken and matter committed to Sessions Court and registered as SC no.20/2021.

In said proceedings, accused filed application for discharge under Section 227 of CrPC on ground that material collected during investigation did not substantiate offences alleged and contending that continuation of proceedings would amount to abuse of process of law. On 26.07.2022, application was rejected. Aggrieved, this petition was filed.

At outset, it was submitted that both complainant and accused no.1 being majors, cohabitation was consensual. Fact that complainant stayed in his house for more than 2 years also indicated same. Therefore, offence of cheating under Section 417 of IPC was not attracted. It was submitted absence of injuries in medical report dated 11.12.2020 and allegation of assault or about forcible sexual intercours