TMI Blog2019 (10) TMI 1542X X X X Extracts X X X X X X X X Extracts X X X X ..... s contentious issues, as we are of the view that any observation or findings by this Court, will affect the investigation and trial, we refrain from recording any findings on such issues. From a perusal of the order of the High Court, it is evident that the High Court has got carried away by the agreement/settlement arrived at, between the parties, and recorded a finding that the physical relationship of the appellant with the 2nd respondent was consensual. Section 114-A of the Indian Evidence Act, 1872 deals with the presumption as to absence of consent in certain prosecution for rape. A reading of the aforesaid Section makes it clear that, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped, and such woman states in her evidence before the Court that she did not consent, the court shall presume that she did not consent. Whether in a given case power under Section 482 is to be exercised or not, depends on the contents of the complaint, and the material placed on record. In that view of the matter, we are of the view that it is a fit case to set aside the order passed by the High Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k, by threatening to publish her nude pictures, committed rape on her. Even after coming back to Ahmedabad, the 2nd respondent again took her to Baroda on the pretext of some work and committed rape by similar threats in the hotel. The 2nd respondent was also visiting her rented premises at Ahmedabad and used to commit rape on her under the threat of termination of employment and publication of her pictures. The 2nd respondent rented an apartment at Adani Pratham in August, 2015. When the appellant was residing in the said apartment,the 2nd respondent used to come to the said apartment and was demanding sexual favours. As she was fed up with the exploitation by the 2nd respondent, she vacated the rental premises in June, 2016. In view of serious threat by the 2nd respondent to her life, she left for Jodhpur and her marriage was fixed with one Mr.Shoukin Malik who is the resident of Badi Sadri, Rajasthan in the month of December, 2016. The 2nd respondent having come to know about the marriage of the appellant with Shoukin Malik, he contacted Mr.Shoukin Malik on telephone and informed him that the appellant is not of good character, she had physical relationship with him and with oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent. 10. Mainly, it is contended by the learned counsel for the appellant that the High Court has passed the impugned order by exceeding the scope of power conferred under Section 482 CrPC. In view of the serious allegations made against the 2nd respondent, the High Court should not have exercised power under Section 482 of the CrPC to scuttle the investigation. It is submitted that the High Court has committed error in summoning the Police Inspector, and on relying on such statement, for quashing the FIR. It is stated that the alleged settlement was under the guise of threat and coercion by the 2nd respondent, and it is not entered into by the appellant with her free will and consent. It is stated that the 2nd respondent misused the photographs taken by him, and repeatedly used the same to blackmail her, to secure sexual favours from the appellant. It is contended that the 2nd respondent taking advantage of his position as a Managing Director of the Company, has exploited the appellant and committed rape on her at her residence and in the apartment secured by the 2nd respondent and also during her tours to Baroda. It is submitted that it is not open for the High Court to m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot, and further the 2nd respondent has continued to interfere by calling Shoukin Malik or not are the matters for investigation. In view of the serious allegations made in the complaint, we are of the view that the High Court should not have made a roving inquiry while considering the application filed under Section 482 CrPC. Though the learned counsels have made elaborate submissions on various contentious issues, as we are of the view that any observation or findings by this Court, will affect the investigation and trial, we refrain from recording any findings on such issues. From a perusal of the order of the High Court, it is evident that the High Court has got carried away by the agreement/settlement arrived at, between the parties, and recorded a finding that the physical relationship of the appellant with the 2nd respondent was consensual. When it is the allegation of the appellant, that such document itself is obtained under threat and coercion,it is a matter to be investigated. Further, the complaint of the appellant about interference by the 2nd respondent by calling Shoukin Malik and further interference is also a matter for investigation. By looking at the contents of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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