V. P. Singh @ Vijender Pal Singh vs State

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 132

RAJNISH BHATNAGAR
V. P. Singh @ Vijender Pal Singh – Appellant
Versus
State – Respondent

Advocates Appeared:
Mr. Krishan Kumar And Ms. Ashu Chaudhary, Advocates, for the Appellant, Ms. Kamna Vohra, Asc, Ms. Ritu, Advocate, for the Respondent.

JUDGMENT

Rajnish Bhatnagar, J. - The present petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 for quashing and cancelling the FIR No. 1199/2021 under Section 376 IPC registered at P.S. Mahendra Park and all the proceedings thereof.

2. Briefly stated, the facts of the case are that on 16.09.2021, when petitioner came to the house of Complainant/Respondent No.2 some disputes arose between them and due to her temperamental issues, the Complainant/Respondent No. 2 reached the police station and got registered the present FIR bearing No. 1199/2021 against the Petitioner.

3. I have heard the learned counsel for the petitioner, learned counsel for the complainant (respondent No. 2), learned ASC for the State and perused the records of this case.

4. It is submitted by the learned counsel for the petitioner as well as counsel for the respondent No. 2 that the complainant herself has turned hostile and does not want to pursue the present FIR. It is further submitted that the complainant has given her statement under Section 164 Cr.P.C. wherein she stated that the physical relations established b