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2023 Supreme(Del) 3675

RAJNISH BHATNAGAR
Yojan Sharma Alias Yash – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Bharat Bhushan, Advocate and Mr. Anil Ohlan, Advocate, for the Petitioner.
Mr. Amit Ahlawat, APP, for the State with SI Annu, P.S.Sultanpuri.

JUDGMENT

Rajnish Bhatnagar, J. By way of this judgment I shall dispose of the present petition filed by the petitioner under Section 482 Cr.P.C. read with Article 227 of the Constitution of India for quashing of FIR No. 486/2022 under Section 376/506 IPC and Section 6 of POCSO Act registered at Police Station Sultanpuri, Delhi and all other proceedings initiated therefrom.

2. In brief the facts of the case are that on 17.05.2022, the above said FIR got registered on the complaint of respondent no.2 against the petitioner wherein it is alleged that petitioner finding the prosecutrix alone at his home on the ground floor (hall), the petitioner pulled the prosecutrix by her hand and smashed her on the sofa and develop physical relations with her and was also threatened by him. It is further alleged that the respondent no.2 did not tell the anything due to fear. Thereafter, similarly, the petitioner again called the respondent no.2 at his home and grabbed her from back and developed physical relations with her. Thereafter, it was found that the respondent no.2 was suffering from vomiting since 5 days, so the mother of the respondent no.2 took her to Sanjay Gandhi Hospital, where the do

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