WPCRL/1393/2021
2021 Latest Caselaw 3101 UK

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                                 WPCRL No. 1393 of 2021

                                 Hon'ble N.S. Dhanik, J .

                                       Mr. Aditya Singh, learned counsel
                                 for the petitioners.
                                       Mr. Deepak Bisht, learned Brief
                                 Holder for the State.
                                       Mr. Sanjay Kumar, learned counsel
                                 for the third respondent.

Heard.

Learned counsel for the petitioner submits that the complainant in the FIR stated that petitioner no. 1 is her husband and has raped her for which in terms of Exception to of Section 375 IPC, no offence of rape is made out against him. So far as, Section 377 IPC is concerned the same is also not made out against petitioner no. 1 in the light of judgment of Hon'ble Supreme Court in the Case of Navtej Singh Johar v. Union of India reported in 2018 Volume 10 SCC Page 1. He also submits that the present FIR has been lodged to extort money from petitioner no. 1 and other family members. He also submits that petitioner no. 3 (mama of petitioner no.1) was in jail from 3.08.2018 till the end of December, 2018 in another case while the marriage of the complainant and petitioner no. 1 was solemnized on 12.10.218, therefore, the allegations levelled against him are clearly wrong. He also submits that the complainant has lodged the similar FIR against petitioner no. 3 (mama of petitioner no.

1) wherein a final report has already been filed. He further submits that several FIRs have been lodged by the complainant, which shows that the complainant is habitual in lodging false cases against the petitioner and the present case is nothing but another false case which has been lodged for creating pressure upon the petitioners for extorting money.

Despite opportunities, State Counsel has not sought instructions as yet.

Learned State Counsel may seek instruction in the matter and learned counsel for the third respondent may file counter affidavit.

List this case on 31.08.2021. Till the next date of listing, no coercive steps shall be taken against the petitioners pursuant to the impugned FIR, provided the petitioners cooperate in the investigation.

(N.S. Dhanik, J.) 16.08.2021 SB