ASEEM MOWAR vs STATE & ANR

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 27.01.2025 + CRL.M.C. 4573/2019 & CRL.M.A. 35614/2019 ASEEM MOWAR .....Petitioner versus STATE & ANR. ..... Respondents Advocates who appeared in this case: For the Applicant : Mr. Shiri Singh, Mr. Nikhil Pillai, Mr. Athak Walia and Ms. Surabhi, Advs. For the Respondent : Mr. Ajay Vikram Singh, APP for the State. Adv. Sudhir Tewatia, Adv. Prashant Solanki, Adv. Rakesh Kumar Solanki, Adv. Mehul Gulati & Adv. Manisha for R-2. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) essentially seeking quashing of FIR No. 478/2015 dated 28.11.2015, registered at Police Station Sector 23 Dwarka, for offences under Sections 354/509/506 of Signature Not Verified Signed By:HARMINDER KAUR CRL.M.C. 4573/2019 Page 1 of 24 Signing Date:03.02.2025 19:29:33 the Indian Penal Code, 1860 (‘IPC’) and all consequential proceedings arising therefrom. 2. The petitioner has also challenged the order and 14.07.2016, passed by the learned Trial Court, in the proceedings emanating from the aforesaid FIR, to the extent that charges were framed against him for offences under Sections 341/509/352 of the IPC. By the same order the petitioner was discharged for the offences 506 IPC and Section 11 of the Prevention of Cruelty of Animals Act, 1960. 3. The brief facts of the case are as follows: 3.1. On 28.11.2015, FIR no. 478/2015 was registered for offences under Sections 354/509/506 of the IPC at the instance of Respondent No.2 alleging that the petitioner, who is her neighbour, had threatened her and also subjected her to severe harassment during the course of past two years. Two and a half years prior to the registration of the FIR, Resp