Learned counsel for applicant submits that there is no allegation of rape upon the applicant in the F.I.R., statement of the complainant under Section 164 Cr.P.C. was recorded after gap of more than one year where improvement has been made and the entire case has been changed to make offence look more serious. After completing the investigation, the chargesheet was filed under Sections 323, 504, 506 and 498 I.P.C. against the applicant. At the instance of the complainant further investigation was ordered and charge-sheet came to be filed under Section 376 I.P.C. only. In spite of order passed in the petition U/S 482 Cr.P.C. No.1865 of 2020 by the applicant the non-bailable warrants have been issued against the applicant on 31.01.2023 by the trial court. Applicant is apprehending arrest. He submits that applicant and complainant were previously husband and wife and by mutual consent divorce was agreed to. Divorce decree is on record. Learned counsel for applicant further submits that applicant has always supported the complainant and from 2016 to 2019 he has transferred a sum of Rs.7,00,000/- in the account of the complainant even after lodging of the F.I.R. compromise dated 01.03.2019 was entered into between applicant and complainant since then applicant is giving Rs.30,000/- per month to complainant to maintain herself and also the children. Pursuant to compromise, compromise dated 01.03.2019 is also on record. It is submitted that dispute arose between them after the outbreak of pandemic Covid-19 as applicant could not earn enough in that period and consequently, could not support the complainant and her family and therefore, F.I.R. has been lodged after gap of 11 years against the applicant. F.I.R. is nothing but grievance of the complainant regarding alleged property transfer made in favour of wife of the present applicant. It is further submitted that after compromise a sum of Rs.5,00,000/- has been transferred in the account of the complainant. In C.D. Parcha No.32 the Investigating Officer has recorded about the financial transactions between the present applicant and complainant. A perusal of the same reveals that Investigating Officer has found no evidence to substantiate the alleged offence of rape or abortion. Prior to this F.I.R., any application has never been given by the complainant to demonstrate that she has been sexual harassed for such a long time. He submits that applicant has no criminal antecedents. He undertakes to co-operate in the trial.
