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IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVESH BHARDWAJ – Appellant
Versus
STATE & ANR – Respondent
JUDGMENT :
SWARANA KANTA SHARMA, J.
1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 [hereafter ‘Cr.P.C.’] has been filed on behalf of the petitioner, seeking quashing of chargesheet and proceedings in SC/3339/2018, arising from FIR No. 416/2018, registered at Police Station Shakarpur, Delhi, for offence punishable under Section 376 of the Indian Penal Code, 1860 [hereafter ‘IPC’].
2. Briefly stated, the facts of the present case are that on 01.09.2018, a complaint was filed by the complainant, i.e. respondent no. 2 herein. In her complaint, the complainant stated that she had first met the petitioner in 2007 during her college years, during which he had acted as her brother, and had gained the trust of her family members. The complainant further stated that after completing college, the petitioner had informed her that she should no longer consider him as a brother. She alleged that in October-November 2016, the petitioner had started visiting her more frequently, spending considerable time with her, and had told her that he knew her ex-husband, whom he described as not a good person. Over the period of time, they had begun meeting almost daily, and t
Allegations of misleading promises for sexual relations post-divorce raise substantive claims which require factual adjudication, precluding dismissal under Section 482.
The court ruled that allegations of rape based on false promises of marriage require clear evidence of deceptive intent, which was absent here as the relationship was fundamentally consensual.
The court found that allegations of cheating were unfounded as the complainant misrepresented her marital status while the relationship was consensual, reinforcing the principle that misuse of legal ....
Cheating – Long duration of physical relationship between partners without protest and insistence by female partner for marriage, would be indicative of a consensual relationship.
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
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