Neutral Citation Number: 2023:DHC:2806

W.P.(CRL) 1505/2021 Page 1 of 88

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 26^th APRIL, 2023

IN THE MATTER OF:

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W.P.(CRL) 1505/2021 & CRL.M.As. 12645/2021 & 811/2022

MRS X

..... Petitioner

Through:

Mr. Sanjeev Mahajan, Mr.Sachin

Tandan, Advocates

versus

UNION OF INDIA AND ORS

..... Respondents

Through:

Mr. Anurag Ahluwalia, CGSC with

Mr. Gursihar Preet Singh, Mr. Danish

Faraz Khan, Advocate for UOI.

Ms. Nandita Rao, ASC for the State

with Mr. Amit Peshwani, Ms. Aaliya

Waziri, Advocates and Inspector

Kusum Dangi, IFSO Cyber Cell,

Dwarka.

Mr. Arvind Nigam, Sr. Advocate

along with Ms. Mamta Rani Jha, Ms.

Shruttima Ehersa, Mr. Rohan Ahuja,

Mr. Vatsalya Vishal & Ms. Riya

Gupta, Advocates for R-3/Google

LLC.

Mr. Jayant Mehta, Sr. Advocate with

Ms. Anushka Sharda, Mr. Madhav

Khosla,

Ms.

Moha

Paranjpe,

Advocates for Respondent No. 4

(Microsoft).

Mr. Debopriyo Moulik and Ms.

Shweta Chabbra, Advocates for R-10

Mr. Saurabh Kripal, Sr. Advocate

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:26.04.2023

17:19:50

Signature Not Verified

Neutral Citation Number: 2023:DHC:2806

W.P.(CRL) 1505/2021 Page 2 of 88

(Amicus Curiae) with Ms. Tanima

Gaur, Mr. Sidhant Kumar, Ms.

Manyaa

Chandok,

Ms.

Vidhi

Udayshankar, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

1.

The instant writ petition has been filed under Article 226 of the

Constitution of India, 1950, read with Section 482 of the Code of Criminal

Procedure (hereinafter referred to as ―Cr.P.C.‖) seeking, in a nutshell, the

blocking of certain sites exhibiting intimate images of the Petitioner herein,

and for registration of a First Information Report (FIR) arising out of the

complaint dated 03.08.2021 made by the Petitioner to Lajpat Nagar Police

Station, New Delhi.

GENESIS OF THE MATTER

2.

At the outset, this Court deems it appropriate to refer to the Petitioner

as “Mrs. X” in consonance with the directions rendered by the Hon'ble

Supreme Court in Nipun Saxena v. Union of India, (2019) 2 SCC 703,

whereby it was observed that in a patriarchal society like India,

survivors/victims of sexual violence of any nature are forced to undergo

ostracization for no fault of their own. Therefore, to prevent hostile

discrimination or harassment of the survivor/victim in the future, this Court

believes it to be prudent to refer to the Petitioner herein as “Mrs. X”.

3.

Having stated the above, the facts, in brief, leading to the instant

petition are stated as under:

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:26.04.2023

17:19:50

Signature Not Verified

Neutral Citation Number: 2023:DHC:2806

W.P.(CRL) 1505/2021 Page 3 of 88

a)

It is stated that the Petitioner is a married woman with a nine-

year-old son. In December 2019, she became acquainted with

one Mr. Richesh Manav Singhal who approached her through

social media and introduced himself as a British Chartered

Accountant. It is stated that in February 2020, the Petitioner

shared her personal contact number with Mr. Singhal, and over

a period of time, the Petitioner became close to Mr. Singhal.

b)

In July 2020, it is stated that as the Petitioner was living with

her son at a rented accommodation in Gurugram on account of

her job and financial constraints. Mr. Singhal took advantage of

the absence of the Petitioner’s family members, came over to

her place and forced himself upon her. He allegedly not only

clicked explicit pictures of the Petitioner, but also transferred to

himself from the mobile phone of the Petitioner explicit

pictures that the Petitioner had take