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2021 Supreme(Del) 162

SURESH KUMAR KAIT
Vivek Kumar Yadav – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Appellant :Ms. Amrita Mishra & Ms.Ritu Yadav, Advocates
For the Respondent: Mr. G.M. Farooqui, SI Faizan Ghani

JUDGMENT :

The hearing has been conducted through video conferencing.

1. The present petition has been preferred by the petitioner seeking quashing of FIR No. 150/2018, registered at police station Shakarpur, Delhi for the offences under Sections 376(2) (n)/323 IPC.

2. Notice issued.

3. Mr. G.M.Farooqui, learned Additional Public Prosecutor for respondent No.1/State accepts notice. Learned Additional Public Prosecutor for State submits that respondent No.2 is present through video conferencing and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.

4. With the consent of both the sides, the present petition has been taken up for hearing and disposal.

5. The crux of the prosecution case, as noted in the charge-sheet filed in this case, is that petitioner and respondent No.2, who is the complainant of FIR in question, studied in same college in Jaipur, Rajasthan and became friends in the year 2013. After some time, their friendship turned into love affair and they entered into physical relationship many times till the year 2017. As per the complainant, petitioner made physical relations wit

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