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IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.M.C. 1362/2021

Reserved on:

30.09.2021

Date of Decision: 12.10.2021

IN THE MATTER OF:

DHARAMVEER SHARMA AND ORS.

..... Petitioners

Through:

Mr.

Tanmay

Mehta,

Advocate

alongwith Mr. Jatin Sehgal, Ms. Devna Soni,

Mr. Ashish Garg & Mr. Siddharth Shekhar,

Advocates

Versus

STATE AND ANR.

..... Respondents

Through: Mr. Panna Lal Sharma, APP for State

Mr. Rakesh Malhotra, Advocate for

Complainant

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

JUDGMENT

MANOJ KUMAR OHRI, J.

1. The petitioners have preferred the present petition under Section 482

Cr.P.C. seeking quashing of FIR No. 218/2018 registered under Sections

498A/323/354D/506/509/34 IPC at Police Station New Friends Colony, Delhi

and the proceedings emanating therefrom, as well as stay of the proceedings

pending before the Trial Court in SC No. 351/2019.

2. Briefly stated, the facts as narrated in the petition are:-

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3. On this complaint, initially the present FIR came to be registered on

21.08.2018 under Sections 323/354(D)/498A/509/506/34 IPC. On 26.08.2018 &

30.08.2018, the statements of the minor son and daughter were recorded under

Section 161 Cr.P.C., wherein allegations relating to offence punishable under

Section 10 of the POCSO Act were made. Further, the statements of the

complainant and the two minor children under Section 164 Cr.P.C. were

recorded on 27.08.2018 & 31.08.2018 respectively. The minor daughter stated

that her father used to touch her inappropriately. He used to put his hand on her

waist and also inside her pant. Even on her refusal, he used to do it. When her

mother tried to stop him, he used to claim that they were his children as well. It

was further stated that despite her refusal, he installed a camera in the

changing/dressing room, the footage of which not only come on the TV screen

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but also in the mobile phones of petitioners No. 1 to 3. The minor son stated that

his father used to do wrong acts with him. He further stated that petitioner No. 3

used to kiss on his cheeks with such a force that the cheeks would turn black.

When he used to come out after taking a bath, his father would touch his body

parts like penis and bums. It was also alleged that when he was younger and

used to sleep in between his parents, his father used to put his (i.e. the child

victim’s) leg in his panty.

4. On the basis of the aforesaid statements, Section 377 IPC and Section 10

of the POCSO Act were added to FIR No. 218/2018.

5. During investigation, petitioner No. 3 (Sunny Sharma) handed over two

pen drives alongwith transcripts and other documents claiming false implication

by respondent No. 2 and her family members. One of these pen drives was sent

to the FSL for examination.

6. It is worthwhile to note that on a complaint dated 21.08.2018 given by

petitioner No. 2 (Nishi Sharma), who is mother of Sunny Sharma, FIR No.

34/2019

came

to

be

registered

on

01.02.2019

under

Sections

354/323/341/506/509/34 IPC at Police Station New Friends Colony, Delhi

against the complainant and her family members. After investigation, a charge

sheet

was

filed

under

Sections

354/354B/323/354BB/341/506/509/34/451/452/120B

IPC

against

the

complainant and others.

7. Mr. Tanmay Mehta, learned counsel for the petitioners, has contended

that the present case squarely falls in condition Nos. 5 & 7 as enumerated by the

Supreme Court in State of Haryana and Others v. Bhajan Lal and Others

reported as 1992 Supp (1) SCC 335. He further contended that the entire case

is false and fabricated to implicate the petitioners. It is submitted that respondent

No. 2 and her family members conspired against the petitioners and the same is

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evident from the transcripts of conversations between respondent No. 2 and her

parents. It is also submitted that wh