CRL.M.C.2159/2020

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 04.09.2023

Pronounced on: 13.09.2023

+

CRL.M.C. 2159/2020

RAJAN DEVI

..... Petitioner

Through:

Mr. Tarun Gupta and Mr.

Anmol Mishra, Advocates.

versus

STATE (GOVT. OF NCT OF DELHI) & ANR. .. Respondents

Through:

Mr. Manoj Pant, APP for the

State with WSI Sanju Kumari,

PS Palam Village.

Mr. Nonu S. Khera, Senior

Advocate alongwith Mohd.

Ahsan Khanji, Advocate for R-

2

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

Index to the Judgment

FACTUAL BACKGROUND .............................................................................. 2

ARGUMENTS ADDRESSED BY BOTH THE PARTIES ............................. 6

ANALYSIS AND FINDINGS ............................................................................. 9

USE OF DEROGATORY LANGUAGE IN PLEADINGS ........................... 14

i.

Necessity of Reasonable Diligence While Drafting Pleadings ................. 18

ii. Balancing the Use of „Strong Language‟ with the Cause of Justice ......... 19

CONCLUSION AND DIRECTIONS .............................................................. 21

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:22.09.2023

20:16:50

Signature Not Verified

CRL.M.C.2159/2020

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SWARANA KANTA SHARMA, J.

1.

The present petition under Section 482 of the Code of Criminal

Procedure, 1973 (‘Cr.P.C’) has been filed by the petitioner seeking

setting aside of order dated 13.10.2020, passed by learned Additional

Sessions Judge-02, South-West, Dwarka Courts, Delhi (‘learned

ASJ’) in B.M.4006/2020 whereby anticipatory bail has been granted

to accused/respondent no. 2.

FACTUAL BACKGROUND

2.

Brief facts of the case are that the present FIR bearing no.

574/2020 was registered on 19.08.2020 under Sections 376/506 of

Indian Penal Code, 1860 (‘IPC’) at Police Station Palam Vihar, on

the basis of a complaint lodged by the petitioner/complainant alleging

therein that respondent no. 2 had committed rape upon her on false

pretext of marriage and had cheated the complainant. It is alleged that

the complainant/petitioner is a single mother of two children and is

doing her own business in Punjab, and the respondent no. 2 used to

send messages to petitioner on regular basis since August, 2019 on

her WhatsApp number, however, she never used to reply to the same.

It is stated that the complainant always wanted to settle down in her

life and get married to a responsible person as she did not want to

involve herself in a fake relationship, and she had conveyed this fact

to respondent no. 2. As mentioned in the complaint, the complaint

had provided the screenshots of the WhatsApp conversation between

her and the accused/respondent no. 2. It is further alleged that in the

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:22.09.2023

20:16:50

Signature Not Verified

CRL.M.C.2159/2020

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very first audio and video call, she had informed the respondent no. 2

that she has two children, however, the accused always insisted to

meet her in person, but the complainant had refused to meet him. It is

stated that on 27.10.2019, respondent no. 2 had again started sending

WhatsApp messages to her on one pretext or the other and had also

started making video calls to her which she never used to answer. He,

however, always pressurized her to attend the video calls. It is alleged

that respondent no. 2 had allured the complainant and had told her

that he was in love with her and wanted to get married to her. She,

however, alleges that he had disclosed his name as Akash Thakur and

not Ashish Thakur. It is also alleged that she used to visit her native

home at Haryana and during that time, respondent no. 2 had made a

WhatsApp video call alongwith routine ordinary calls to the

complainant and had also spoken to her sister, sister-in-law and her

children, and he had tried to convince family m