Back
SWARANA KANTA SHARMA
Mohd. Amaan Malik – Appellant
Versus
State Govt. NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J.
1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner seeking quashing of FIR bearing No. 162/2021, registered at Police Station Daryaganj, Delhi for the offences punishable under Sections 363/366A/376/505 of the Indian Penal Code, 1860 (`IPC') and Section 6 of Protection of Children from Sexual Offences Act, 2012 (`POCSO Act').
2. The brief facts of the case are that the present FIR was registered on 29.05.2021 on the statement of victim `A', daughter of `N', resident of `W', aged about 17 years. As per statement of the victim, she used to live with her mother at Daryaganj and had shifted to Wazirabad about two months prior to 29.05.2021. While she was residing at Daryaganj, she used to go to attend tuitions at Chhatta Lal Mian where she had met accused Mohd. Amaan Malik a resident of Daryaganj, Delhi who was aged about 20 years. At the tuition centre, they had developed friendship and had started communicating with each other on mobile phone. The victim had further alleged in the complaint that in the month of March, the accused had called her at Sabzi Mandi and had t
The court established that sexual contact between an adult and a minor, even with the minor's consent, can constitute penetrative sexual assault and aggravated penetrative sexual assault under the PO....
The delay in filing the FIR in cases of sexual assault should not be equated with other cases, and technical grounds cannot be cited as a reason for quashing the investigation at the trial stage in a....
A grave criminal offence or serious economic offence or for that matter offence that has potentiality to create a dent in financial health of institutions, is not to be quashed on ground that there i....
The court established that allegations in an FIR, if taken at face value, can substantiate the commission of a cognizable offence, thus inhibiting quashing unless clearly abusive or lacking merit.
The distinction between rape and consensual sex, and the need for evidence to support allegations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
