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IN THE HIGH COURT OF DELHI
Jasmeet Singh, J.
Harshita Gandhi - Appellant
Versus
State - Respondent
Crl.Rev.P. 151 of 2022, W.P.(Crl.) 612 of 2021 & Crl.M.A. 4506 of 2021, Crl.M.A. 19477 of 2021, Crl.M.A. 160 of 2022, Crl.M.A. 159 of 2022, W.P.(Crl.) 1210 of 2021 & Crl.M.A. 10238 of 2021 and W.P.(Crl.) 1211 of 2021 & Crl.M.A. 10241 of 2021
Decided On : 31-08-2022
Delay in filing an FIR does not warrant quashing if it discloses a cognizable offense; contradictions must be resolved at trial.
Headnote:(A) IPC - Sections 323, 354, 506, and 34 - Quashing of FIR - Petition for quashing delayed FIR alleging molestation and abuse is dismissed as allegations disclose cognizable offences; contradictions within complaint and FIR to be examined at trial - Sensitiveness of case warrants thorough investigation; petitioner entitled to damages if acquitted. (Paras 36, 42, 46)
(B) Burden of Proof - In cases involving allegations of a sexual nature, the complainant's position should be respected during trial and the need to explain contradictions should not prevent the case from proceeding. (Paras 32, 36)
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding delay and malice. (Para 6 , 8 , 10 , 11 , 12 , 18) |
| 3. court's analysis on jurisdiction and admissibility. (Para 19 , 23 , 29 , 31 , 32) |
| 4. challenge to quashing fir based on substantial evidence. (Para 30 , 34 , 36) |
| 5. final conclusion on the dismissal of petitions. (Para 37 , 42 , 47) |
JUDGMENT
Jasmeet Singh, J.
W.P.(CRL) 612/2021
1. This petition is filed seeking quashing of the FIR No. 526/2020 dated 25.12.2020 registered at PS Malviya Nagar, Delhi under Section 323/354/506/34 IPC and proceedings emanating therefrom.
2. As per the FIR, it is alleged that the petitioner, Ryan Sequeira was a friend of Ms. Aastha Gandhi and is looking to settle down in matrimony with her.
3. As per the FIR, the complainant has said she was married to Mr. Nimit Gandhi (an Architect by profession) on 06.12.2019 and was living at 86, Navjeevan Vihar, New Delhi. His sister, Ms. Aastha Gandhi is a divorcee and has a son, master Amogh from her first marriage. The petitioner, Ryan Sequeira is a friend of Ms. Aastha Gandhi and they claimed to be in a relationship. The allegations in the FIR relate to the act of molestation and sexual advances made by the petitioner, Ryan Sequeira.
4. It is stated that on 13.12.2019, the petitioner Ryan came to meet Aastha Gandhi at her residence. At around 9 PM, the parents of Ms. Aastha Gandhi, Mr. M.K. Gandhi (father-in-law of the complainant) and Mrs. Neeru Gandhi (mother-in-law of the complainant) had gone to their bedroom and the petitioner's husband, Mr. Nimit Gandhi was working in his office in the basement of the same building.
4.1. The petitioner wanted to use the washroom and Ms. Aastha Gandhi asked the complainant to show him the same as she was busy with the homework of her son. The complainant alleges in the FIR that she went inside the bedroom to show him the washroom, suddenly, outside the washroom, the petitioner held the complainant from behind and tried to drag her towards the bed.
4.2. The complainant resisted the advance and screamed, as a result of which, the petitioner, Ryan ran away out of the room. Mr. M.K. Gandhi and Mrs. Neeru Gandhi were told about the incident and all of them scolded the complainant and slapped her many times.
4.3. It is further submitted that Ms. Aastha Gandhi verbally abused the complainant. Mrs. Neeru Gandhi dragged the complainant from her hair and tried to bump her head against the wall. It has also been stated in the FIR that Mr. M.K. Gandhi tried to suffocate the complainant by his hands, so much so that the complainant choked. Thereafter, all requested the complainant not to tell anyone about the incident.
4.4. It is further stated in the FIR that the complainant did not inform her husband about the incident of 13.12.2019. On 19.09.2020, Nimit took the complainant for a drive and after driving for 1 or 2 km, he revealed that he was taking the complainant to the house of Aastha Gandhi at Gurgaon where the Petitioner, Ryan would have been present. It was on that day that Respondent no. 2 informed her husband about the incident of 13.12.2019. To her surprise, Nimit informed her that he knew about the incident and wanted her to please the Petitioner, Ryan. The complainant was shocked and then made an excuse to go to her parental home for picking up her clothes and instead planned to escape from the clutches of Nimit Gandhi. It is further alleged in the FIR that that Nimit, her husband is absconding and Ryan and the entire family would do the same. She further states that this is a clear case of molestation, physical abuse and outraging of her modesty.
5. On 17.03.2021 the respondent no. 2 was directed to file a reply which she has so done. The matter was referred to Mediation vide order dated 03.09.2021, however, the mediation failed.
6. On 24.05.2022, the Ld. Senior Counsel for the Petitioners, Mr. Ranjit Kumar addressed his arguments. He stated that the complai
