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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: December 16^th, 2025

+ CRL.REV.P. 691/2023 & CRL.M.A. 16862/2023

DAYA NAND .....Petitioner

Through: Mr. Sahil Malik and Mr.

Aditya Jain, Advs.

versus

THE STATE (GOVT. OF NCT OF

DELHI() .....Respondent

Through: Mr. Sunil Kumar Gautam,

APP for the State with SI Nisha, PS Mohan Garden

and SI Sunita.

Ms. Tanya Agarwal, Mr. Krishna Kumar Keshav and Mr. Ankush Khanna, Advs. for R-2 with R-2 in

person.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

AMIT MAHAJAN, J. (Oral)

1. The present petition has been filed under section 397/401 read with sections 482 of the Code of Criminal Procedure, 1973, (‘CrPC’) seeking setting-aside of the order dated 13.03.2023 (‘impugned order’), passed by the learned Additional Sessions Judge (‘ASJ’), whereby charges for the offences under sections 376(2)(n)/506/509 of the Indian Penal Code, 1860 (‘IPC’) have

been framed against the Petitioner.

2. Succinctly stated, the FIR dated 24.10.2021, was registered under sections 376/506/509 of the IPC, at the behest of the prosecutrix stating that she is a divorcee, separated vide

personal settlement, and has been residing with her parents. The parents of the prosecutrix, saw the ID of the accused/Dayanand at Jeewansathi.com, who also had his marital status as “Divorcee”. The accused also invited the parents of the prosecutrix to his home and had also visited her house, by introducing himself as a Divorcee to the prosecutrix as well as her parents. Allegedly the prosecutrix and the accused developed a bond and started talking to each other.

3. It is alleged that on 22.06.2021, the accused, on a false promise to get the admission of the daughter of the prosecutrix, booked OLA Cab for the prosecutrix for Sector-85 Gurgaon and then picked her from there in his own car, took the prosecutrix to a room in an unknown place and forcibly established sexual relations with her, and then made a false promise to marry her.

4. It is alleged that on 30.06.2021, the accused made a false promise that he will marry the prosecutrix in a temple and then the accused again took the prosecutrix in his car to DLF New Town Height, Sector-91, Gurugram, Maneshar, Haryana, to his house, when no one from his family members was present at that time. He again promised the prosecutrix that he will marry her after the lockdown and enticed her by extending false promises to marry and committed rape upon the prosecutrix.

5. It is alleged that on 06.07.2021, the accused picked the prosecutrix in his car from her home, and offered her a cold drink containing some intoxicating substance. After consuming the same the prosecutrix felt dizzy and the accused took her to OYO S. Gambhir Guest House, where he promised to marry her before

16.07.2021 and then established physical relations with her. It is alleged that even on a prior date i.e. 07.05.2021, the accused had promised to marry the prosecutrix, but he kept delaying the same. 6. It is further alleged that the accused stopped picking the calls of the prosecutrix and hence, the accused deceived the prosecutrix only for physical exploitation and never had any intentions to marry her.

7. The prosecutrix was medically examined on 24.10.2021 vide MLC no. 335/21 at Deen Dayal Upadhyay Hospital, Hari Nagar, New Delhi, wherein she has given the description of the alleged incident to the doctor.

8. The statement of the prosecutrix under section 164 of the CrPC was recorded wherein she essentially stated that she met accused on JeevanSaathi.com, where he claimed to be divorced. He visited her house, agreed to marry her, and fixed the marriage for 07.05.2021, pursuant to which her family also made wedding arrangements and even booked the banquet hall. However, on 03.05.2021, the accused refused to marry her citing opposition from his father, yet continued to remain in contact with her, assuring her of marriage and luring her on various pretexts. On different occasions thereafter, Dayanand took her to locations in Gurugram, his