RAJAT Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The petitioners seek quashing of FIR No.328/2022 of Police Station Patel Nagar for the offence under Sec. 498A/406/323/34/376/377/506 IPC on merits.

(2.) It is submitted by learned counsel for petitioners that the impugned FIR is based on complete falsehood, insofar as there was no allegation of rape or unnatural sex initially, but only in her statement under Sec. 164 CrPC, the complainant de facto levelled those allegations. It is also argued that on same set of facts, two separate FIRs were registered by the police of different police stations; one FIR is No.227/2021 of PS Nabi Karim while the other FIR is the one presently impugned. It is further submitted that quashing of FIR No.227/2021 also was sought earlier and this court .

(3.) CRL.M.C. 775/2026 by way of order dtd. 30/1/2026 stayed till next date the proceedings arising out of that FIR. That being so, according to learned counsel for petitioner, proceedings arising out of the FIR impugned in the present case also deserve to be stayed.