Bhuvan @ Binku Tyagi vs State & Anr
2012 Latest Caselaw 4249 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CRL.M.C. 2344/2012

      BHUVAN @ BINKU TYAGI ..... Petitioner
                  Through  Mr. V.K. Mual, Advocate

                     versus
      STATE & ANR                       ..... Respondents
                              Through   Mr. Manoj Ohri, APP for State with
                                        SI Ashok Kumar, PS Prashant Vihar.
                                        Mr. Umesh Tyagi, Advocate for
                                        respondent-complainant.

%                                       Date of Decision: 18th July, 2012
      CORAM:
      HON'BLE MR. JUSTICE MANMOHAN

                              JUDGMENT

MANMOHAN, J : (Oral)

CRL.M.A. 12422/2012

Allowed, subject to just exceptions.

CRL.M.C. 2344/2012 & CRL.M.A. 12423/2012

1. Present petition has been filed under Section 482 Cr.P.C. for

quashing of FIR No. 895/2007 registered with Police Station Prashant

Vihar under Sections 342/376/506 of IPC.

2. The relevant facts of the present case are that the petitioner was

acquitted in a murder case of respondent-complainant's husband vide

order dated 23rd September, 2006 passed by Additional Sessions

Judge, Rohini, Delhi.

3. On 27th July, 2007, respondent-complainant submitted a written

complaint to the Police Station Rohini, Delhi stating that she had been

rapped against her consent by the petitioner on 26th July, 2007. Since

the Police did not take any action on the respondent-complainant's

complaint, she raised the issue in the Press. Thereafter she filed the

criminal complaint with the Court of ACMM, Rohini, Delhi. On the

direction of the Court, the SHO, PS Prashant Vihar registered the FIR

and investigated the matter.

4. However, in the present petition it has been stated that the

matter has been compromised between the petitioner and the

respondent-complainant vide Compromise Deed dated 8th May, 2012

wherein the respondent-complainant has agreed to withdraw all

complaints pending against the petitioner including the present FIR.

In the affidavit filed in support of the present petition, respondent-

complainant has deposed as under:-

3. That the deponent was shocked and depressed from the date of the death of her husband and she was in impression that her husband was killed by the petitioner even after the acquittal by the court of Sh. Sanjay Kumar Aggarwal, ASJ, Rohini Delhi on 23/09/2006 vide session Case no. 304/2006"

5. In the absence of medical record, this Court is of the view that

the respondent-complainant could not be suffering from shock and

depression nearly seven years after the death of her husband and ten

months after petitioner's acquittal in the murder case. Further, this

Court is of the opinion that a rape charge is a very serious allegation

and no lady can be permitted to hurl a false rape charge on an

innocent person whatever the provocation may be. The issue whether

Sections 182 and 211 of IPC are attracted to the present case, is left

open to be decided by the trial court.

6. In view of the aforesaid, present petition is dismissed.

MANMOHAN, J JULY 18, 2012 rn/ng