- (1.) Prayer in this petition is for quashing of FIR No. 302, dated 9.9.2009, under Sections 376 and 341 read with Section 34, IPC, registered at Police Station, Hathin, District Palwal, and the consequential proceedings arising therefrom.
(2.) The brief facts of the case are that the prosecutrix alleged that on 8.9.2009, at about 6.00 p. m. , she was going from her fields to the village and on the way, the petitioner, Dharam Raj, and his brother, Dhanpat Raj, met her. The petitioner gagged her mouth and took her to a field. In spite of her raising a noise, Dhanpat Raj committed rape on her without her consent. The noise raised by the prosecutrix attracted her sister-in-law (Jethani), Kavita, at the spot and on seeing her, the petitioner and his co-accused ran away from the spot.
(3.) Learned counsel contended that the main accused, Dhanpat Raj, had been exonerated by the police, therefore, the prosecution could not be launched against the petitioner. He further submitted that there was civil litigation pending between the two parties, therefore, the petitioner has falsely been implicated in the present case. He further submitted that on the similar allegations, the prosecutrix filed a complaint also against the petitioner, which was dismissed for want of prosecution.;