DEVESH BHARDWAJ vs STATE & ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 25.02.2025 + CRL.M.C. 4521/2019 & CRL.M.A. 35443/2019 DEVESH BHARDWAJ .....Petitioner Through: Mr. Hrishikesh Baruah, Mr. Parth Goswami, Mr. Akshay Kumar and Ms. Lakshmi Walia, Advocates versus STATE & ANR. .....Respondents Through: Mr. Naresh Kumar Chahar, APP for the State with SI Kavish Rana, P.S. Laxmi Nagar CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J 1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 [hereafter ‘Cr.P.C.’] has been filed on behalf of the petitioner, seeking quashing of chargesheet and proceedings in SC/3339/2018, arising from FIR No. 416/2018, registered at Police Station Shakarpur, Delhi, for offence punishable under Section 376 of the Indian Penal Code, 1860 [hereafter ‘IPC’]. 2. Briefly stated, the facts of the present case are that on 01.09.2018, a complaint was filed by the complainant, i.e. respondent Signature Not Verified Crl. M.C. 4521/2019 Page 1 of 8 Digitally Signed By:ZEENAT PRAVEEN Signing Date:27.02.2025 18:20:08 no. 2 herein. In her complaint, the complainant stated that she had first met the petitioner in 2007 during her college years, during which he had acted as her brother, and had gained the trust of her family members. The complainant further stated that after completing college, the petitioner had informed her that she should no longer consider him as a brother. She alleged that in October-November 2016, the petitioner had started visiting her more frequently, spending considerable time with her, and had told her that he knew her ex- husband, whom he described as not a good person. Over the period of time, they had begun meeting almost daily, and the petitioner had also shared details about