We filed an Application on the behalf of our client u/s 175(3) BNSS seeking directions for FIR registration u/s 376 IPC, against the accused on the ground that the accused married the complainant in 2012 despite being married to another woman in 2006 which was concealed by the accused. The accused consumated the marriage with complaint and a child was born to them. However, the complainant later upon coming to know about the subsisting marriage of the accused, left the company of the accused and started living separately from the Accused. The accused during this period of separation forcefully establised physical relations with the complainant against her consent. Despite serious allegations, the police initially refused to register the FIR, citing the matter as a matrimonial dispute.
During the proceedings, the Ld. ACJM, upon consideration of judicial precedents cited and arguments advanced by us, was pleased to allow the application and directed the concerned SHO to register an FIR. Accordingly FIR was lodged against the accused for committing the offence of rape.