PRABHAT PRATAP RAO vs THE STATE (GOVT. OF NCT OF DELHI) & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 29th January, 2025 + CRL.M.C. 2143/2023 & Crl.M.A. 8099/2023 PRABHAT PRATAP RAO .....Petitioner Through: Mr. Manoj Swarup Sr. Advocate with Mr. Dhawesh Pahuja, Mr. Neelmani Pant, Mr. Hamad Tariq, Advocates. versus THE STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Ms. Richa Dhawan, APP. SI Meenakshi Mann PS North Rohini and SI Sajjani DIU West. Mr. Kunal Madan and Ms. Prachi Babra , Advocates CORAM: HON’BLE MR. JUSTICE CHANDRA DHARI SINGH JUDGMENT CHANDRA DHARI SINGH, J. 1. The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) [now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”)] seeking quashing of the FIR bearing No. 228/2016 dated 9 th May, 2016, registered against the petitioner under Sections 376 and 506 of the Signature Not Verified CRL.M.C.2143/2023 Page 1 of 28 Digitally Signed By:PRAVEEN KUMAR BABBAR Signing Date:31.01.2025 17:58:39 Indian Penal Code, 1860 (hereinafter “IPC”) at Police Station North Rohini, Delhi and the consequential proceedings emanating therefrom pending before the learned Additional Sessions Judge, Rohini Court, New Delhi (hereinafter “ASJ”). FACTUAL MATRIX a) The prosecutrix met the petitioner for the first time through a mutual friend, namely Mr. Ali Imran, in the year 2012. After a few days, a party was organized by Mr. Ali Imran, where the petitioner met the prosecutrix for the second time and allegedly gave a marriage proposal to her. b) It is stated in the FIR that the petitioner used to frequently call the prosecutrix and ask her about the decision of marriage. After a few days, the prosecutrix believing that the petitioner has really fallen in love with her, agreed t