TaxTMI 
TaxTMI 
2019 (10) TMI 1542
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.... before the High Court of Gujarat, at Ahmedabad. By the impugned order, High Court has allowed R/Special Criminal Application by quashing FIR No. CR-I-60-2017 registered on the file of Mahila Police Station, Ahmedabad City, District Ahmedabad. 3. The appellant herein, is the informant in crime registered in FIR No.CR-I-60-2017 on the file of Mahila Police Station, Ahmedabad City. On her complaint the aforesaid crime is registered against the 2nd respondent for the alleged offence punishable under Sections 376, 499 and 506(2) of the Indian Penal Code, 1860. 4. The complaint was filed with the following averments: She is a permanent resident of Jodhpur, Rajasthan State and had come to Ahmedabad in Gujarat City for employment and she met th....
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....ding sexual favours. As she was fed up with the exploitation by the 2nd respondent, she vacated the rental premises in June, 2016. In view of serious threat by the 2nd respondent to her life, she left for Jodhpur and her marriage was fixed with one Mr.Shoukin Malik who is the resident of Badi Sadri, Rajasthan in the month of December, 2016. The 2nd respondent having come to know about the marriage of the appellant with Shoukin Malik, he contacted Mr.Shoukin Malik on telephone and informed him that the appellant is not of good character, she had physical relationship with him and with other boys. As Mr.Shoukin Malik refused to meet the 2nd respondent, the 2nd respondent sent a cover to the residence of Shoukin Malik containing her nude/inapp....
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....cess, the 2nd respondent has sought quashing of the proceedings. 8. By referring to the rival contentions of the parties and the material on record, the High Court has recorded a finding that the case of the 2nd respondent falls under Exceptions 5 and 7 as carved out in the judgment of this Court in State of Haryana vs. Bhajanlal & Ors. AIR 1992 SC 604 and further the allegations and facts as mentioned in the FIR, appear to be improbable and the same is malicious prosecution, quashed the proceedings registered against the 2nd respondent. 9. We have heard Sri Amit Anand Tiwari, learned counsel for the appellant, Ms. Deepanwita Priyanka, learned counsel for the State and Sri Mukul Rohatgi, learned senior counsel for 2nd respondent. 10. Mai....
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....f interim orders passed by the High Court, further investigation was not made. 12. Sri Mukul Rohatgi learned senior counsel appearing for the 2nd respondent, by taking us through the settlement documents arrived, between the parties, and other material placed on record, has submitted that there is absolutely no basis for the allegation of rape by the 2nd respondent, and it was only consensual sex between the parties. It is submitted that having regard to the allegations made, parties arrived at a settlement and entered into a written agreement in the month of July, 2016. As the appellant is not disputing the said documents, the allegation of rape is false. It is submitted that parties were in consensual sex for several years and in absence....
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....complaint, we are of the view that the High Court should not have made a roving inquiry while considering the application filed under Section 482 CrPC. Though the learned counsels have made elaborate submissions on various contentious issues, as we are of the view that any observation or findings by this Court, will affect the investigation and trial, we refrain from recording any findings on such issues. From a perusal of the order of the High Court, it is evident that the High Court has got carried away by the agreement/settlement arrived at, between the parties, and recorded a finding that the physical relationship of the appellant with the 2nd respondent was consensual. When it is the allegation of the appellant, that such document itse....