JUDGMENT

Amit Mahajan, J.

1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) has been filed, inter-alia, praying for setting aside the judgment/order dated 31.05.2022 passed by the learned Additional Sessions Judge (ASJ) (hereinafter referred to as "the impugned order"), Patiala House Court in Criminal Revision No.254/2018.

2. Learned Metropolitan Magistrate by order dated 25.06.2018, in an application filed by the Respondent No. 2 under Section 156(3) of CrPC, had refused to direct the police to register an FIR. The learned ASJ by the impugned order while setting aside the said order directed the SHO Mandir Marg to register an FIR under Sections 420, 376, 295A, 493, 496, 506, 509, 511 and 120B of the Indian Penal Code.

3. The facts, as alleged which led to the filing of an application under Section 156(3) of the CrPC, by Respondent No. 2, bearing CC No. 782-18, are enunciated below:

3.1. The complainant was running an NGO, where she encountered accused no. 1, Shri Shahbaz Hussain (Petitioner No. 1) at 7, Pandit Marg, New Delhi who introduced himself as the brother of Shri Shehnawaaz Hussain, a member of Parliament. The complainant was highly impressed and mesmerised by the Accused No. 1, with whom she developed intimacy. Accused No. 1 promised that he would marry the complainant.

3.2. The complainant was allegedly raped by the Accused No.1 at Flat No. 24/3 A, Sector-2, Gole Market, New Delhi, and when the complainant protested, she was promised marriage by the Accused No. 1. Keeping in mind her dignity and reputation and the promise made by the Accused No. 1, the complainant decided to remain quiet, but was appalled when she found out on the very next day that the Accused No. 1 was already married and was a father of 2 children. On learning this fact, the complainant expressed her anguish and anger for the false promise as well as the misrepresentation. She, however, was met with several threats.

3.3. It is claimed that after being disappointed and let down at the hands of the Accused no. 1, the complainant visited the house of Accused No. 2, Shri Shahnawaz Hussain, in anticipation of support and justice from him, and narrated the entire story to him. The Accused No. 2, pacified the complainant and explained to her that marriage with the Accused No. 1 would come to fruition as the Accused No. 1 was Muslim, and was allowed to have 4 wives.

3.4. The Accused No. 2 categorically asked the complainant to not highlight the matter and raise a hue and cry over the matter as it would be detrimental to both parties, the Accused No. 2 as well as the complainant. After the assurance given by the Accused No. 2, the Accused No. 1, Shri Shahbaz Hussain allegedly started visiting the complainant again at her residence and informed the complainant that even his brother, i.e. Shri Shahnawaz Hussain has accepted her as his sister in law and that they shall soon be married to each other. The Accused No. 1 allegedly again made sexual relations with the complainant, on the false pretext of marriage.

3.5. It has further been alleged that the complainant was being pressurised to eat beef and change her religion and embrace Islam. The complainant always protested against it and also lodged a complaint with Mahilla Ayog, New Delhi, which was transferred to the DCP, New Delhi. However, no action has been taken till date even after all the false assurances given by the DCP.

3.6. On 05.01.2017, when the complainant was at India Gate, she received threats from someone standing nearby to not marry the Accused No. 1, in response to which the complainant called the Police from her Mobile Number. The person who allegedly threatened, fled away and the Police for reasons best known to them, instead of chasing/locating the person who made such threats, chose to take the complainant away to PS Mandir Marg.

3.7. On 10.01.2017 the complainant filed another complaint against the Accused persons as well as their associat