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2016 Supreme(Del) 2778

S.P.GARG
GULVINDER KHATRI – Appellant
Versus
STATE (GOVT. OF NCT OF DELHI) – Respondent


Advocates Appeared:
For the Respondent:Mr. Tarang Srivastava, APP and Mr. Narender Kumar, Advocate.

JUDGMENT :

S.P. GARG, J.

1. Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No. 589/2013 registered under Sections 354-A, 509 IPC at Police Station Mehrauli. The petition is contested by the respondent/complainant.

2. The petitioner urged that the instant FIR has been lodged by the complainant to pressurize him to settle the criminal prosecution instituted by him against her vide Complaint Case No. 261/1/11 titled Gulvinder Khatri vs. State & Ors. in which complainant’s son along with others has been summoned to face trial under Sections 323/452/506/147/149/34 IPC vide order dated 19.12.2011. Allegations made in the FIR are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the petitioner. Allegations leveled by the complainant cannot be taken on its face value. The Investigating Officer did not offer any reasonable opportunity to the petitioner to submit his version on the record. The complainant leveled false charge of sexual advancement against him on 28.08.2013, when he had already filed a Civil Suit No. 198/2013 on 24






















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