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[Cites 4, Cited by 1]

Delhi High Court - Orders

Purushottam G Kalawant vs Government Of Nct Of Delhi on 7 September, 2021

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~31
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    W.P.(CRL) 1698/2021
                                     PURUSHOTTAM G KALAWANT                             ..... Petitioner
                                                      Through : Mr.Jaideep Singh and Mr.Kartik
                                                                    Dabas, Advocates.
                                                      versus
                                     GOVERNMENT OF NCT OF DELHI                         ..... Respondent
                                                      Through : Mr.R.S.Kundu, ASC for the State
                                                                    with WASI Clara Toppo, PS Tilak
                                                                    Marg.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                      ORDER
                                %                     07.09.2021
                                CRL.M.A. 14044-45/2021

1. Exemption allowed, subject to all just exceptions.

2. The applications stand disposed of.

W.P.(CRL) 1698/2021

3. This petition is filed for quashing of FIR No.4/2021 registered under Sections 376/354/509 IPC registered at police station Tilak Marg, New Delhi.

4. Initially, the present FIR was registered as ZERO FIR on 29.12.2020 under Section 376/354/420/509 IPC at police station Colaba, Mumbai, Maharashtra on the statement of prosecutrix against the petitioner. Since the allegations of rape were of Delhi, the FIR was transferred to Delhi and it FIR was registered at police station Tilak Marg. The petition for quashing is filed on merits.

5. The learned counsel for the petitioner submits petitioner is the General Secretary of Rashtriya Bima Karamchari Union and working as Assistant Manager in New India Insurance and even as per the contents of Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:07.09.2021 16:45 FIR, there was consensual relationship between the prosecutrix and petitioner since 2016, which fact is though denied by the petitioner. It is also submitted prosecutrix was a panel lawyer of RBKU and received Rs.50,000/- for filing a writ petition by one of the members of the said union namely Ramesh Bhoir, which she did not file and when the petitioner asked to return the amount, she started creating nuisance for the petitioner as also his family members claiming she is in relationship with the petitioner and he must marry the prosecutrix. To this effect, the petitioner and his wife also made complaint on 25.11.2020 to local police at Mumbai.

6. Issue notice. Learned APP accepts notice and seeks to file status report. As sought, status report be filed before the next date of hearing with an advance copy thereof to the learned counsel for petitioner through email.

7. The victim be also informed through the IO/SHO concerned about the next date of hearing.

8. List again on 08.12.2021.

YOGESH KHANNA, J.

SEPTEMBER 07, 2021 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:07.09.2021 16:45