- (1.) This writ petition has been filed seeking the quashing of F.I.R. dated 09.01.2019 registered as Case Crime No.0019 of 2019, under Sections-420, 376, 504, 506 I.P.C. and Section 67 of Information Technology (Amendment) Act, 2008, P.S.-Nawabad, District-Jhansi.
(2.) What transpires from the perusal of the record is that the petitioner, a Sub-Divisional Magistrate, is facing some very serious and grave charges and an F.I.R. under a number of penal offences which include offences u/s 376, 504, 506 of I.P.C. and Section- 67 of Information Technology (Amendment) Act in Police Station Nawabad District-Jhansi has been lodged against him. The first informant is Km. Shalini Budhauliya, who is daughter of a constable. If we narrate the substance of the version contained in the F.I.R. it would read somewhat like this. The victim is a resident of District Jalaun where the petitioner remained posted for a period of time. The acquaintance developed in between them which then grew into intimacy. The petitioner is said to have bluffed the victim employing the contrivance of making false promises of marriage with her. It was in that background that he started spending intimate times with her and the petitioner even made physical relationship with the victim. Such relationship continued for some period of time. Later on the victim discovered that the petitioner was not a bachelor but was to the contrary a married person and was also the father of two children. As was natural, the victim refused categorically to have marriage with him in such circumstances. It appears that at some point of time the petitioner got transferred to a different District-Chitrakoot but misusing his position and clout, he extended threats to the victim's family members and tried to continue the contact. According to the victim's version, she kept in perspective the future of petitioner's wife and her two children and refused point blank to have marriage with the petitioner. The petitioner thereafter gave coercive threats of different types and sent massages and whatsapp massages from a particular mobile number, the details of which have been given in the F.I.R. Not only this, the petitioner also sent vulgar obscene photographs to her family members. The version further discloses that the victim is an unmarried girl and the high-handedness of the petitioner who is a P.C.S. Officer, has made her life hell. She by lodging the F.I.R. with the aforesaid allegations sought protection for her life and beseeched to get justice, asking for stringent action against the petitioner.
(3.) Heard petitioner's counsel at length and perused the record.;