HIMANSHU SINGLA vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 29.01.2025 + CRL.REV.P. 4/2025 HIMANSHU SINGLA .....Petitioner Through: Mr. Akshay and Mr. Anurag S. Tomar, Advocates versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Naresh Kumar Chahar, APP for the State with SI Nisha, P.S. Mohan Garden CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J. 1. This petition has been filed under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter „BNSS‟] on behalf of the petitioner, seeking setting aside of the order on charge dated 12.12.2024 [hereafter „impugned order‟] passed by learned Additional Sessions Judge (FISC)(RC), Dwarka Courts, Delhi [hereafter „Sessions Court‟], whereby charge under Section 64(2)(m) of Bharatiya Nyaya Sanhita, 2023 [hereafter „BNS‟] was framed against the petitioner, in Sessions Case No. 771/2024, arising out of FIR No. 295/2024, registered at Police Station Mohan Garden, Delhi, under Sections 376/506 of Indian Penal Code, 1860 [hereafter „IPC‟]. Signature Not Verified CRL.REV.P. 4/2025 Page 1 of 9 Digitally Signed By:AANCHAL TAGGAR Signing Date:29.01.2025 18:49:39 2. Briefly stated, the present FIR was registered on the basis of a complaint filed by the prosecutrix on 02.09.2024, wherein she alleged that she had got married to one Karan in the year 2016. She claimed that her husband used to beat her, and she had later obtained a divorce from him on 04.06.2024. She further stated that in February 2024, she had come in contact with the accused (petitioner herein) online, and they had started chatting. Subsequently, they had met in Krishna Nagar. On the afternoon of 28.05.2024, the accused had called her to his flat at Mohan Garden, Delhi, where he had established sexual rela