NDLI: Miss Xyz Vs. State of Gujarat & Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1872 Evidence Act s.482 to quash criminal proceedings Cr.P.C s.114-A
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973 – s.482 – Appellantinformant was the Personal Assistant of the 2nd respondentManaging Director of the Company – In her complaint she alleged that when she was not well, the 2nd respondent started visiting her residence and when she was in sleep, he took inappropriate pictures of her and committed rape on her under the threat of termination of employment and publication of her pictures – It was further alleged that the 2nd respondent on coming to know that appellant’s marriage was fixed, contacted the person with whom her marriage was fixed and informed him that the appellant is not of good character and she had physical relationship with him and other boys – 2nd respondent also allegedly sent him the nude/inappropriate pictures of the appellant – Case registered against the 2nd respondent for the alleged offence u/ss.376, 499 and 506(2), IPC – High Court quashed the proceedings against the 2nd respondent – On appeal, held: High Court exceeded the scope of its jurisdiction u/s.482 CrPC – Even before the investigation is completed by the investigating agency, the High Court entertained the Writ Petition, and by virtue of interim order granted by the High Court, further investigation was stalled – Having regard to the allegations made by the appellant, whether the 2nd respondent by clicking inappropriate pictures of the appellant has blackmailed her or not, and further the 2nd respondent has continued to interfere by calling the person with whom appellant’s marriage was fixed or not are the matters for investigation – In view of the serious allegations made in the complaint, the High Court should not have made roving inquiry while considering the application filed u/s.482, CrPC – High Court got carried away by the agreement/settlement arrived at between the parties, and recorded 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 – Impugned order set aside – 2nd respondent to co-operate with the investigation – Till then no coercive action be taken against him – Penal Code, 1860 – ss.376, 499 & 506(2) – Evidence Act, 1872 – s.114-A. Evidence Act, 1872 – s.114-A – Absence of consent in certain prosecution for rape – Presumption of – Held: 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 that she did not consent, the court shall presume that she did not consent.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2019 INSC 1199
Petitioner	Miss Xyz
Respondent	State Of Gujarat & Anr
SCR	[2019] 13 S.C.R. 1098
Judgement Date	2019-10-25
Case Number	1619

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