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2022 Supreme(Del) 1254

SWARANA KANTA SHARMA
Preet Singh – Appellant
Versus
State (NCT Of Delhi) And Another – Respondent


Advocates appeared:
Mr. Avadh Bihari Kaushik, Advocate, for the Petitioner; Ms. Nandita Rao, ASC, for the State

JUDGMENT

Swarana Kanta Sharma, J. -

Crl. M.A. 15261/2022 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P. CRL. 1762/2022 & CRL. M.A. 15262/2022

3. The present petition has been filed by the petitioner seeking quashing of FIR No. 378/2022 (Impugned FIR) registered under Sections 376/377/323/34 of the Indian Penal Code, 1860 (IPC), at P.S. Begumpur, on merits.

4. The Impugned FIR was registered on a complaint made by respondent no. 2 wherein it is alleged that petitioner no. 1 (husband of respondent no. 2) was addicted to drugs and on a specific day, petitioner no. 1 came with his friends and asked respondent no. 2 to make physical relations with his friends. Thereafter, petitioner no. 1 left the house, around 3 years ago and visited home sometimes. It is also alleged in the FIR that in the absence of petitioner no.1, petitioner no. 4 forcefully established physical relations and even had unnatural sexual intercourse with her. When respondent no. 2 resisted petitioner no. 4, she was badly beaten and threatened. It is also stated that when respondent no. 2 informed her mother-in-law about the aforementioned incidents, the mother-in-law, along w

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