Ex–fiancée levelled charges of sexual assault to harass and destroy present married life of the boy; Raj HC issues notice and directs police to neither harass nor arrest him

Rajasthan High Court: Dinesh Mehta, J., issues notice and directs police to neither harass nor arrest the petitioner boy.

The facts of the case are such that the petitioner and complainant were scheduled to marry on 18-07-2021 which got postponed on account of the injury which the complainant had purportedly suffered where after, there arose some differences. An FIR was lodged alleging falsely about him as he tied knot with someone else recently in April 2022 with a possible malicious view to harass the petitioner and destroy his married life.

Counsel for petitioner submitted that the allegation leveled in the F.I.R. of sexual assault are absolutely mala fide which is evident from the fact that the engagement/their relationship stood broken in July, 2021 and the complainant had not done anything and waited for a period of more than 8 months and lodged the F.I.R. in question only when she found that the petitioner is about to marry another girl.

The Court thus directed to issue notice to the respondents.

The Court further held “Meanwhile, neither the petitioner shall be arrested nor shall he be harassed in the name of interrogation.”

[Vishwas Khatri v. State Of Rajasthan,  2022 SCC OnLine Raj 764, decided on 22-04-2022]


Appearances-

For Petitioner(s): Mr. Ravi Bhansali and Mr. Mohit Singhvi

For Respondent(s): Mr. Mahipal Vishnoi


Arunima Bose, Editorial Assistant has reported this brief. 

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