Neutral Citation Number: 2023:DHC:2108

CRL.M.C. 1274/2013

Page 1 of 24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on:

25^th January, 2023

Pronounced on: 24^th March, 2023

+

CRL.M.C. 1274/2013 & CRL.M.A. 7269/2017 (Stay)

RAHUL YADAV & ANR.

..... Petitioners

Through:

Mr. Rajat Aneja & Ms. Anushka,

Advocates.

versus

STATE & ANR.

..... Respondents

Through:

Mr. Hitesh Vali, APP for State with

SI Dinesh Kumar, PS Tilak Nagar.

Mr. Vikas Pahwa, Senior Advocate

with Mr. Arun Kanwa, Advocate for

Respondent No. 2.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

JUDGMENT

AMIT SHARMA, J.

1.

The present petition under Section 482 of the Code of Criminal

Procedure, 1973 (‗CrPC‘) is directed against the orders dated 21.08.2012 and

28.09.2012, passed by Shri Rakesh Siddharth, learned Additional Sessions

Judge (‗ASJ‘), Tis Hazari Courts in SC No. 57/2011, titled ‗State vs. Jagan

Nath & Ors.‘, arising out of FIR No. 08/2011, under Sections 380/328 of the

Indian Penal Code, 1860 (‗IPC‘), registered at PS Tilak Nagar.

2.

By way of the aforesaid orders, the learned ASJ, dealt with and allowed

the application filed on behalf of respondent no. 2 herein under Section 307

read with Section 306(1) of the CrPC and granted the benefit of being an

approver to her.

Digitally Signed

By:ANITA BAITAL

Signing Date:24.03.2023

18:40:41

Signature Not Verified

Neutral Citation Number: 2023:DHC:2108

CRL.M.C. 1274/2013

Page 2 of 24

3.

Briefly stated, the facts relevant for adjudication of the present petition

are as under:

i.

On 08.01.2011, a complaint was filed by the husband of respondent no.

2, alleging that on 08.01.2011, when he got up in the morning at about

10:00/11:00 A.M, he found his father, his brother and his children in an

unconscious condition. It was alleged that he saw his wife, i.e.,

respondent no. 2 for a moment, after which she could not be seen in the

house. It was further alleged that he then received a call from his

mother-in-law, to whom he explained the aforesaid position and tried to

search for respondent no. 2 but she had disappeared. The complainant

alleged that he got suspicious and on searching his house, he found that

2 kg of gold and Rs. 5 lakh in cash was missing from the locker of his

parents.

ii.

The complainant further alleged that respondent no. 2 served the family

members with coffee and after consuming the same, they had become

unconscious. Thereafter, it is stated that the complainant called his

uncles, etc. and narrated the whole incident to them. Complainant

suspected that respondent no. 2 had done all the said acts knowingly,

including the act of committing theft by drugging the former and his

family. The complainant sought legal action against her and recovery of

the stolen articles.

iii.

Accordingly, FIR bearing no. 08/2011, under Section 320/328 of the

IPC was registered at PS Tilak Nagar.

iv.

It is the case of the prosecution that on the next day, respondent no. 2

was traced from a hotel in Bahadurgarh, Haryana. During her

interrogation, she revealed that petitioner no. 1, Rahul Yadav, was her

Digitally Signed

By:ANITA BAITAL

Signing Date:24.03.2023

18:40:41

Signature Not Verified

Neutral Citation Number: 2023:DHC:2108

CRL.M.C. 1274/2013

Page 3 of 24

internet friend and often used to chat with her through the internet. It

was during these chatting sessions that they exchanged phone numbers

and started discussing their family setups/financial and other matters

with each other. Petitioner no. 1 projected himself to be a billionaire

and slowly lured her and prepared her mind to flee from her home with

gold and cash so that they can start living separately. Petitioner no. 1

impressed her by showing fake and false dreams. It was further

disclosed that she dreamt of spending her life with petitioner no. 1. It

was stated that at the sam