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2019 Supreme(Del) 2357

BRIJESH SETHI
Ananda D. V. – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner: Mr. Pramod Kr. Dubey, Mr. Nishaank Mattoo, Ms. Shivika Singh, Mr. Kaushank Sindhu, Mr. Anurag Andley, Mr. Prince Kumar, Mr. Bankey Biharijee and Ms. Amrita Vatsa, Advs.
For the Respondents:Ms. Shivani Sharma, Ms. Sonalki Jain, Mr. Chaitanya Bansal, Advs. for Ms. Richa Kapoor, ASC with W/SI Yaonai, Mr. Vivek Kumar Tandon and Mr. Siddhant Tyagi Advocates.

JUDGMENT :

BRIJESH SETHI, J.

1. This writ petition under Article 226 of the Constitution of India r/w Section 482 Cr.P.C. is filed by the petitioner for quashing of FIR No.455/13 u/s 376/380 IPC dated 17th September, 2013 registered with PS Safdarjung Enclave, Delhi and the consequential proceedings emanating there from.

2. While praying for quashing of FIR and the criminal proceedings emanating there from, the petitioner has pleaded that respondent no. 2 had met the petitioner in January, 2013 on account of a professional assignment and thereafter they kept meeting each other regularly and got romantically involved.

3. Petitioner extended marriage proposal to respondent no. 2. Thereafter, respondent no. 2 entered into a live in relationship with the petitioner and moved in with him in March, 2013 at his rented accommodation in Delhi.

4. On 25-26.08.2013, an altercation took place between the petitioner and respondent no. 2 and the petitioner left respondent no. 2. Thereafter respondent no. 2 filed a complaint against the petitioner at PS Safdarjung Enclave which culminated into the aforesaid FIR bearing no. 455/13 dated 17.09.2013 under section 376/380 IPC. A charge-sheet was filed aga

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