Petitioner sought quashing of an FIR alleging rape and coerced pregnancy. Court held allegations require investigation. Denies quashing; petitioner to cooperate with police.
Quashing of FIR is refused; petitioner directed to cooperate with investigation.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 74 of 2019
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Mohan Gupta
… Petitioner
-versus-
--- CORAM : HON’BLE MR. JUSTICE ANANDA SEN
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For the Petitioner : Mr. Sudhanshu Shekhar Choudhary, Advocate For the State : Ms. Laxmi Murmu, A.P.P. For the O.P. No.2 : None
5/ 03.12.2019 Defects are ignored and the counsel for the petitioner and the State agree for final disposal of this case on merit.
2. Heard learned counsel for the petitioner and the learned A.P.P. for the State.
3. In this criminal miscellaneous petition, petitioner has prayed for quashing the FIR, which was registered as Sukhdeonagar Police Station Case No.223 of 2018 registered under Sections 376/313 of the Indian Penal Code.
4. Counsel for the petitioner submits that the FIR has been lodged with a malafide intention. He submits that the informant was a tenant in the house of this petitioner and she has already vacated the house on 28.04.2018 and thereafter she threatened the petitioner for implicating him in a false case. No sooner the aforesaid fact was informed, this FIR has been lodged.
5. From perusal of the FIR, I find that there is an allegation that the petitioner, who happens to the owner of the house, had physical relationship with the informant on the pretext of marriage and thereafter made the victim pregnant. The pregnancy was later aborted. Informant stated that the physical relationship was forceful.
6. On the aforesaid allegations Sukhdeonagar Police Station Case No.223 of 2018 was registered. No doubt from the fardbeyan an offence is made out for which FIR has been registered. All the submissions made by the petitioner along with the allegations, needs to be investigated by the police. Without investigating, it will not be possible to come to a
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conclusion whether the FIR has been filed with malafide intention or not. Investigation is necessary in this case.
7. Since the allegations need to be investigated and facts need to be ascertained and the allegations in the FIR do prima facie constitute an offence, I am not inclined to quash the FIR. The petitioner should cooperate with the investigation and if there is any document in possession of the petitioner, the same should be handed over to the police.
8. With the aforesaid observations, this criminal miscellaneous petition stands disposed of.
( Ananda Sen, J.)
Kumar/Cp-03
3 issues framed by the court
Whether the FIR alleging rape and pregnancy filed with malafide intention should be quashed before investigation.
Whether prima facie allegations in the FIR require police investigation before quashing the petition.
Whether the petitioner is required to cooperate with the investigation.
Mohan Gupta
The State of Jharkhand
Asha
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
