Sandeep Mehta, J. - (1.) By way of this petition under Section 482 Cr.P.C., the petitioner Shanker Goond has approached this Court seeking quashing of the FIR No.0095/2017 registered against him at the Mahila Police Station, Jodhpur City (West) for the offence under Section 376 IPC at the instance of the respondent No.2 Smt. 'R'.
(2.) Facts relevant and essential for the disposal of the instant misc. petition are noted herein below: The respondent No.2 lodged the above mentioned written FIR at the Mahila Police Station, Jodhpur City (West) on 12.06.2017 alleging inter alia, that the petitioner, who was her colleague at work, took her indecent photographs and started blackmailing her with a demand for acceding into an illicit sexual relationship. On resistance shown by the complainant, the accused threatened that he would upload the indecent photographs on the internet. The complainant further alleged that the accused misused these photographs and forced her to establish physical relations with him under the threat of making them viral. She alleged that her husband has also lodged an FIR against the petitioner wherein, she gave a statement favouring the accused because she was afraid of the threat given by the accused to her. The petitioner took her into his own house and promised to marry her but later on, she was abandoned and was living with her mother for the last 4-5 months. The petitioner allegedly came to her mother's house and threatened that she would be killed if she took any action against him. On the basis of these allegations, the aforesaid FIR came to be registered against the petitioner.
(3.) During the course of investigation of the present FIR, statement of the prosecutrix, aged 32 years, was recorded by the I.O. under Section 161 Cr.P.C. in which, she repeated the allegations levelled in the FIR and alleged that the accused used to pressurise her into establishing sexual relations under the threat of making the indecent photographs viral. She alleged that on 16.08.2016, the accused forced her to elope with him. Fearing the threats of the accused, she went with him to Nagaur. Thereafter, the accused brought her back and both stayed together at some unknown place where he used to assault her sexually. She resisted saying that she was a married woman and that she did not love him but the accused persisted with his threats and also told her that even her husband would discord her. The accused also gave her an allurement that he would marry her. She admitted having given the statements favouring the accused during investigation of the FIR lodged at the instance of her husband against the accused. The petitioner has now approached this Court by way of this misc. under Section 482 Cr.P.C. petition seeking quashing of the impugned FIR and all proceedings sought to be taken thereunder.;