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2023 Supreme(Del) 3701

RAJNISH BHATNAGAR
Kanav Arora – Appellant
Versus
State Govt. of N. C. T. of Delhi – Respondent


Advocates appeared:
Mr. Sunil Dalal, Senior Advocate with Mr. Saurabh Goel, Ms. Manisha Saroha, Mr. Mahabir Singh and Mr. Nawish Bhati, Advocates, for the Petitioner.
Mr. Amit Ahlawat, APP for the State with SI Kiran, PS Moti Nagar.
Mr. Vikash Pathat, Mr. Tejas Mehta, Mr. Amit, Mr. Anurag and Mr. Sudhir, Advocates, for the Respondent-2.

JUDGMENT

Rajnish Bhatnagar, J. The petitioner has preferred the present petition under Section 482 Cr.P.C. seeking quashing of FIR no. 328/2022 under Section 376 IPC registered at Police Station Moti Nagar, chargesheet and all consequential proceedings.

2. On hearing learned counsel for parties, there is an ex facie opinion of this court that the registration of FIR in the present case is abuse of the process of law.

3. The individuals opted to engage in a physical relationship without formalizing their marriage for a substantial duration. Due to certain circumstances, their bond deteriorated, leading to their separation. This scenario is applicable both prior to and post marriage. Furthermore, a significant amount of time has passed since respondent No.2 filed the aforementioned FIR.

4. The evident details of this case are so apparent that this court is completely willing to dismiss the FIR No. 328/2022 filed under Section 376 at Moti Nagar Police Station and conclude all the legal proceedings. Allowing the continuation of proceedings based on the current FIR would translate to subjecting the involved parties to harassment through the very criminal process.

5. It is firmly esta

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