XXXXX Vs. STATE

JUDGEMENT

(1.) Petition under Sec. 482 Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') has been filed by the Petitioner/Ms. X seeking quashing of Order dtd. 19/4/2023 passed by learned Additional Sessions Judge, New Delhi setting aside Order of learned M.M. dtd. 2/6/2022, whereby blood sample of Respondent No.2/Abhishek Paruthi was permitted to be taken for DNA analysis.

(2.) Briefly stated, on the Complaint made by the Petitioner / Prosecutrix, FIR No.176/2021 under Ss. 354/506/509 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') PS Saket, was registered against accused Karan Paruthi, elder brother of Respondent No.2/Abhishek Paruthi. On the statement of Petitioner recorded under Sec. 164 Cr.P.C., Ss. 326/313/354/34 IPC were added against Respondent No.2/Abhishek Paruthi.

(3.) During the pendency of investigations, the Prosecutrix had alleged that on midnight of 21/22/5/2021, while she was sleeping, someone rang her doorbell. She opened the door and found that accused, Karan Paruthi in drunkard condition at her door, who tried to forcefully enter the house by pushing her back, touching her in a wrong way and then tried choking her by strangulating her neck. She somehow kicked him back and managed to close her door. She tried to call Abhishek Paruthi / Respondent No.2, brother of Karan Paruthi, who did not respond to her calls. However, Karan Paruthi repeatedly rang the bell and kept kicking the door and loudly using defamatory and unparliamentary words. Neighbours also gathered and asked him to leave, on which he went down the stairs.