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2021 Supreme(Del) 247

SUBRAMONIUM PRASAD
Aishwarya Bindal – Appellant
Versus
State, Govt. of N. C. T. of Delhi – Respondent


Advocate Appeared:
For the Petitioner:O.P. Saxena, Ravinder Aggarwal, Advocates.
For the Respondents: Kusum Dhalla, APP.

JUDGMENT :

1. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Article 227 of the Constitution of India, for quashing F.I.R. No.338/2019, dated 06.09.2019, registered at Police Station Janakpuri, Delhi, for offences under Sections 509, 377, 313, 506, 376(2)(n) I.P.C.

2. The petitioner is accused of committing rape on the prosecutrix. The allegation in the FIR is that the prosecutrix met her friend, one Isha Gupta resident of Sarai Rohilla, Delhi, who introduced the petitioner/accused to the prosecutrix by stating that the accused is her friend. It is stated in the FIR that after two or three days Isha Gupta told the prosecutrix that the petitioner/accused wanted to meet her and wants to be friends with her. It is stated in the FIR that the prosecutrix refused this proposal by stating that she will only accept friendship from such a person who will marry her. Despite that the said Isha Gupta gave the mobile number of the prosecutrix to the accused. It is stated in the FIR that the accused started talking to the prosecutrix and insisted on meeting her. It is stated that on 03.03.2019, the accused and the prosecutrix met at hotel Oyo Town

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