Yash Chowdhary vs State Of Uttarakhand And Others

Ravindra Maithani, J

Challenge in this petition is made to the FIR No. 0245 of 2021, under Sections 376 & 506 IPC, Police Station Rajpur Road, District Dehradun.

Heard learned counsel for the parties through video conferencing and perused the record.

According to the FIR, the victim and the petitioner befriended each other. They had deep relationship. During lockdown, the petitioner stayed in the

house of the victim for a week (19.05.2020). At that time, according to FIR, the petitioner spiked the juice of the victim and raped her. When the

victim gained consciousness, she was shocked. The petitioner tendered apologies and assured that he would marry her. The victim conceived, but the

petitioner asked her not to abort. The victim gave birth to a child thereafter, the petitioner did not take care of the victim. FIR was lodged by the

victim.

Learned senior counsel for the petitioner would submit that the FIR is false. The relationship between the petitioner and the victim were much

consensual. The victim is about 37 years of age and the petitioner is 59 years of age. He is already married and having grown up children. The victim

was also a divorcee. She had a son of 14-15 years of age. The victim knew that the petitioner is already married. They entered into relationship on

their free will. According to the FIR, the relationship were established sometimes in the month of May 2020, but the birth certificate of the child

reveals that the birth took place on 20.04.2021 when the foetus was of 37 weeks. Learned Senior Counsel has referred to the conversation between

the parties, to indicate that in fact the victim demands Rs.50,000/- per month from the petitioner.

Having considered this fact, the Court is of the view that the matter requires deliberations.

Issue notice to respondent no.3 returnable within a period of four weeks.

List thereafter.

Till then, no coercive steps shall be taken against the petitioner.