YOGESH SHEGAL AND ANR. vs STATE NCT OF DELHI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 29.01.2025 + CRL.M.C. 3404/2022 & CRL.M.A. 14286/2022 YOGESH SHEGAL AND ANR. .....Petitioners Through: Mr. Atul Sharma, Advocate versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Raj Kumar, APP for the State. Ms. Nagma Khan and Ms. Nasmeen, Advocates for R-2 CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J 1. The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 [hereafter „Cr.P.C.‟] on behalf of the petitioners seeking quashing of FIR No. 352/2020, registered at Police Station KNK Marg, Delhi for the offences punishable under Sections 376D/354/323 of the Indian Penal Code, 1860 [hereafter „IPC‟] and the consequential proceedings emanating therefrom. 2. The brief facts of the case, as disclosed from the Status Report, are that on 14.10.2020, the complainant „R‟ had lodged a complaint wherein she had stated that on 11.10.2020, at about 11:30 AM, while Signature Not Verified CRL.M.C. 3404/2022 Page 1 of 10 Digitally Signed By:AANCHAL TAGGAR Signing Date:13.02.2025 18:44:08 she was on her way to her shop in the market, Yogesh Sehgal (petitioner no. 1), along with his wife Priya (petitioner no. 2), had started beating her. During this altercation, both of them had hit the complainant hard on her private parts and had pressed her breasts. Furthermore, both the accused persons had inserted their fingers into her vagina. According to the complainant, the entire incident had been witnessed by several people in the market, and it was recorded in the CCTV cameras. The complainant had claimed that she had sustained several injury marks on her face, breast, and thighs, and an MLC had been prepared at BSA Hospital, vide MLC No. 22