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Supreme Court of India 2019-10-25 allowed

MISS XYZ vs THE STATE OF GUJARAT

Bench: 3 — Indu Malhotra, R. Subhash Reddy, Uday Umesh Lalit

In Brief

A woman filed a complaint alleging that her employer (Managing Director) raped her multiple times using threats to publish her nude photographs and terminate her employment. He also allegedly sent these photographs to her fiancé to disrupt her marriage. The High Court quashed the case, citing an alleged settlement between them. The Supreme Court held that the High Court had exceeded its jurisdiction by quashing the FIR before investigation was complete. The Court found that serious allegations of rape with threat and blackmail required investigation, not dismissal based on disputed settlement documents. The case was remitted for investigation to proceed.

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Criminal Law Sexual Assault Rape Criminal Procedure Quashing of FIR Section 482 CrPC Investigation Consent Blackmail Employment Coercion

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