IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J.
Sunder Kukreja – Appellant
Versus
The State – Respondent
Crl.M.C. 2500 of 2020, Crl.M.A. 17711 of 2020 & 2490 of 2021
Decided On : 13-02-2023
Section 482 - Criminal Procedure Code - 354/354D/506 IPC - The court discussed the charges framed under Sections 354/354D/506 of the Indian Penal Code, 1860 and the legal provisions related to assault, stalking, and criminal intimidation. The court highlighted the complainant's allegations and the evidence provided, emphasizing the prima facie nature of the offences and the limited scope of the court's inquiry at the stage of framing charges.
Fact of the Case:
The petitioner sought to set aside the order dated 19.12.2019 passed by the learned ASJ and quash the order on charge dated 28.05.2019 passed by the learned MM. The case involved allegations of misbehavior, assault, and intimidation by the petitioner against the complainant at a cinema premises.
Finding of the Court:
The court found that there was sufficient material on record to frame charges against the petitioner for the alleged offences. It dismissed the petition and clarified that it had not given any opinion on the merits of the case.
Issues: The issues involved the framing of charges under Sections 354/354D/506 IPC, the admissibility of evidence, and the scope of the court's inquiry at the stage of framing charges.
Ratio Decidendi: The court emphasized the limited scope of inquiry at the stage of framing charges, the prima facie nature of the offences, and the guidelines for quashing criminal proceedings as laid down by the Supreme Court.
Final Decision: The petition and pending applications were dismissed, and the court clarified that it had not given any opinion on the merits of the case.
JUDGMENT
Swarana Kanta Sharma, J. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, (hereinafter "Cr.P.C.") seeking following reliefs:
i. Setting aside of order dated 19.12.2019 passed in C.R. No. 478/2019 titled `Sunder Kukreja vs. State & Anr., by Addl. Sessions Judge-02 (South-East), Saket Courts, New Delhi (hereinafter "learned ASJ"); and
ii. Quashing the order on charge dated 28.05.2019 passed in Cr.C. No. 92310 of 2016 titled `State vs. Sunder Kukreja' by learned Metropolitan Magistrate (Mahila Court)-02, South East District, SaketCourts, New Delhi (hereinafter "learned MM") and the charge framed under Sections 354/354D/506 of Indian Penal Code, 1860 (hereinafter "IPC").
2. The present FIR bearing no. 1310/2015 under Sections 354/354D/506 IPC was registered on 19.12.2015 at Police Station Amar Colony, New Delhi on the basis of complaint filed by complainant `R. wherein it was stated that on 19.12.2015, the petitioner, along with his wife and other family members,was present at M-Cinemas, East of Kailash, New Delhi (hereinafter "the premises"), and when the complainant was trying to enter the premises, her way was blocked by several bouncers/guards who were unauthorizedly deployed by the petitioner. It is alleged that petitioner and his men were video-graphing every nook and corner of the premises and also hacking computer systems for which the petitioner had brought an engineer alongwith him. Taking note of the conduct of petitioner, the ccomplainant started following and watching his actions. It is alleged that when the complainant and petitioner were in kitchen, the petitioner pinched the buttock of complainant and pushed her, at which complainant screamed and went outside, and while she was leaving, the petitioner laughed and followed her.Thereafter, petitioner's wife also came and screamed and hurled abuses at the complainant. It is further alleged that petitioner also intimidated and threatened the complainant by saying that he was well-connected with influential people. Besides the details qua the incident dated 19.12.2015, it is further mentioned in the complaint that petitioner and his men had been video-graphing all the movements of complainant including her going to the washroom, and that the petitioner and his men were making the complainant feel uncomfortable through their dirty gazes for more than 7-8 days before the date of present incident.
3. Pursuant to investigation, charge-sheet in the present case was filed on 07.05.2016 under Sections 354/354D/506 of IPC, and charges were framed against the petitioner by the learned MM vide order dated 28.05.2019. The concluding portion of the said order, which is impugned before this Court, reads as under:
"7. I have heard the arguments on point of charge on behalf of accused and learned APP for the State and Ld. Counsel for complainant, carefully gone through the material available on record and I am of the considered view that in the present matter, complainant has stated categorically the manner in which the accused Sunder Kukreja had misbehaved with her by touching her inappropriately and pinching her on her buttock and further that the aforesaid behaviour have been committed by the accused for 7-8 days repeatedly even prior to the date of incident. Further, it is categorically stated by the complainant that accused had extended threats to her by stating of being well connected with people in power. It is further seen that merely a gap of 3-4 hours in lodging of FIR does not fall in the category of delay and in fact the conduct of the complainant of being so shocked that she started crying which is evident from the pictures annexed with the chargesheet, itself shows that the complainant was shattered and outraged by the accused. Further, there is complete corroboration of the complaint filed by the complainant with her statement recorded u/s 164 CrPC and therefore, I find no reason to disbelieve the complainant, at this
The limited scope of inquiry at the stage of framing charges and the prima facie nature of the offences were central legal principles established in the judgment.
Criminal intimidation requires specific threats intended to induce alarm; general expressions of sympathy do not establish the basis for charges under relevant sections of IPC.
The main legal point established is the power of the High Court to quash criminal proceedings under Section 482 of the CrPC if they are manifestly frivolous or vexatious, and if instituted with an ul....
The main legal point established in the judgment is the importance of considering the material on record and ascertaining if the essential ingredients of an offence are prima facie made out at the st....
The judgment emphasizes the importance of prima facie material in framing charges and highlights the need for evidence to support allegations of criminal acts.
The court affirmed that a prima facie case must be established for framing charges, emphasizing that quashing of FIRs should be rare and only in exceptional circumstances.
The court emphasized that discrepancies in the complainant's case and the defense raised by the accused could be appreciated at the stage of trial, and the existence of other disputes between the par....
The necessity to establish a prima facie case at the stage of framing of charge and the power of the Sessions Court to commit a case for trial if an offence exclusively triable by the Court of Sessio....
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