DIVYANSH BAJPAI vs THE STATE (GOVT. OF NCT OF DELHI) AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 24th October, 2024 Pronounced on: 24th January, 2025 + CRL.M.C. 4228/2023 & CRL.M.A. 15854/2023 DIVYANSH BAJPAI ..... Petitioner Through: Mr. Jatan Singh, Advocate. versus THE STATE (GOVT. OF NCT OF DELHI) AND ANR .Respondents Through: Mr. Satish Kumar, APP for State, Mr. Anand Verdhan Maitriya, Advocate for Respondent No. 2 CORAM: HON’BLE MR. JUSTICE CHANDRA DHARI SINGH JUDGMENT CHANDRA DHARI SINGH, J 1. The instant petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter “CrPC”) [now under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”)] seeking quashing of FIR No. 200/2023 dated 12th February, 2023, registered at Police Station – Maurya Enclave, Delhi for the offence punishable under Section 376 of the Indian Penal Code, 1860 (hereinafter “IPC”) and the consequential proceedings emanating therefrom. FACTUAL MATRIX 2. As per the contents of the instant FIR, the petitioner and respondent no. 2/prosecutrix have known each other since the year 2009 and share a Signature Not Verified Digitally Signed CRL M.C. 4228/2023 Page 1 of 34 By:GAURAV SHARMA Signing Date:29.01.2025 17:01:52 distant familial relation. Over the years, they maintained regular contact and developed a close relationship. 3. In 2019, the petitioner relocated from Pune to Gurugram for professional reasons and was working as a Data Engineer with Worldwide Technology in Gurugram. During this period, both the petitioner and the prosecutrix were frequently meeting each other, with the prosecutrix visiting the petitioner‟s residence in Gurugram and the petitioner visiting the prosecutrix‟s residence in Pitampura, Delhi. 4. Thereafter, on multiple occasions, the petitioner allegedly promise