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2022 Supreme(SC) 1108

B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA
Kapil Gupta – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
For the Petitioner(s): Dr. N. Pradeep Sharma, Adv. Mr. S.K. Rout, Adv. Mr. Adeel Siddiqui, Adv. Mr. Susheel Mahajan, Adv. Mr. Naresh Kumar, Adv. Mr. Ajay Kumar Talesara, AOR
For the Respondent(s): Mr. Vikramjit Banerjee,Ld. ASG MS. Nachiketa Joshi, Adv. MS. Shruti Agarwal, Adv. Mr. Noor Rampal, Adv. Mr. Digvijay Dam, Adv. Mr. Kartik Dey, Adv. Mr. Gurmeet Singh Makker, AOR
For the R-2 : Mr. Rauf Rahim, Adv. (A.C.)

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The appeal challenges the judgment and order dated 28.09.2021 passed by the learned single judge of the High Court of Delhi, thereby dismissing Criminal M.C. No. 1567 of 2021 vide which the application filed by the respondent for quashing the proceedings under Section 376 of the Indian Penal Code (‘IPC’) came to be rejected.

3. First Information Report (‘FIR’) No. 569 of 2020 came to be registered on 25.08.2020 at the instance of Respondent No. 2 herein. It is stated in the FIR that in February, 2020, she met with an accident and sustained injuries on her thigh and ankle. It is stated that she was helpless and financially disturbed. It was further stated that she was interested in joining a multinational company for future security and was in search of a job. In her search, the complainant came to know that the appellant was looking for a personal assistant. It is further the prosecution case that there was an exchange of messages between the Respondent No. 2 and the appellant. Thereafter, the Respondent No. 2 sent her location to the appellant and the appellant went to her house. Thereafter, the incident of rape is alleged to have taken p


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