LAWS(DLH)-2021-8-100

VIMLESH AGNIHOTRI Vs. STATE

Decided On August 16, 2021
Vimlesh Agnihotri Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C has been filed for quashing FIR No.343/2019, dated 22.07.2019, registered at Police Station Aman Vihar for offences under Section 376 IPC, on the ground that the petitioners and the respondent No.2 have entered into a compromise.

(2.) The respondent No.2 gave a complaint stating as under: "I state to you that on 05/05/2019 at around 09:30 evening. My doorbell when I open the door, a person was standing on the door, when i asked him who are you then he told he is Vimlesh Agnihotri and asked me, Where is Vimal Ji then I replied he is not at home and you come here after two days because he went to somewhere then the person told me open the door I have to give some papers which to be given to Vimal Ji. As Soon as I open the iron gate the person entered in my house alongwith a girl and a women all the three person entered in the room and the person told his name. Vimlesh pushed me inside the room the women locked the door, Vimlesh Pushed me on the bed and the girl who kept my mouth shut so that I could not make a noise. After that Vimlesh raped me by force and during this incidence the lady makes a video. Vimlesh threaten me that if you told to anyone about this incident then I will circulate this video on net. After that all persons have gone, if they come in front of me I will recognised all of them. After passing of two days when my husband came back, I could not tell anything due to fear. I become sad then my husband send me to my maternal home for changing of my mind due to changing of place. I came to Aman Vihar Police Station on 21/07/2019 that Vimlesh has raped me and take action against above named persons." On the said complaint, FIR No.343/2019, dated 22.07.2019, was registered against the petitioners herein at Police Station Aman Vihar for offences under Sections 376 IPC.

(3.) It is stated by the learned counsel for the petitioner that the present FIR is a counter blast to a complaint filed by the petitioner No.3 against the husband of the respondent No.2, being FIR No.193/2019, dated 26.04.2019, registered at Police Station Aman Vihar, for offence under Section 376 IPC.