SHAILENDRA KUMAR YADAV Vs. STATE

JUDGEMENT

(1.) This petition under Ss. 397/401 Cr.P.C. read with Sec. 482 Cr.P.C. has been filed for setting aside the Order dtd. 8/3/2021, passed by the learned Additional Sessions Judge/SFTC - 2 (Central), Tis Hazari Courts, Delhi, in Case No. 436/2020 arising out of FIR No. 319/2019 dtd. 10/11/2019 registered at P.S. Paharganj for offences under Sec. 376(2)(n) of the Indian Penal Code, 1860 (hereinafter, "IPC"), framing charges against the Petitioner for offences under Sec. 376(2)(n) IPC.

(2.) Facts, in brief, leading up to the instant petition are as follows:

(3.) Mr. Badar Mahmood, learned Counsel for the Petitioner, submits that the Petitioner and the prosecutrix were involved in a serious relationship and that physical relations between the two had never taken place. He states that despite the incompatibility between the two, the Petitioner was in love with the prosecutrix and intended to settle down with her. Mr. Mahmood states that a roka ceremony had also taken place between the Petitioner and the prosecutrix, and that the instant matter is merely a case of a relationship that has ended on bad terms.