NIRMAL SHARMA Vs. STATE

JUDGEMENT

(1.) By this petition filed under Sec. 482 of Crimial P.C. the petitioners seek for quashing of the FIR No. 213/13 dated 20.05.2013, under Sec. 323/342/354/506/379(1)/34 of Penal Code registered at Police Station Gazipur, Delhi.

(2.) It is informed that the charge sheet in this case has been filed and the learned Additional Sessions Judge (Special Fast Track Court), East District, Karkardooma Courts, Delhi, has passed an order dated 03.10.2016 in S.C. No.392/2016 (S.C. No.95/2015) whereby the petitioners - Mani Ram and Nirmala Sharma have been charged for the offences punishable under Sections 323/342/506/34 of Penal Code and petitioner - Hemant Sharma has been charged for the offence under Sections 323/342/354/506/34 of IPC.

(3.) In nutshell, the facts of the case are that respondent No. 2 came in contact with the accused - Sandeep Sharma in Jan. 2003, through Yahoo Messager and thereafter, friendship developed between them. As per complaint of respondent No. 2 the accused Sandeep Sharma made physical relations with her in natural and unnatural manner without her consent. It is further alleged that on 04.06.2012, the accused Sandeep Sharma befooled respondent No. 2 into some ceremony pretending to be married with her. Thereafter, the accused Sandeep Sharma started ignoring respondent No. 2 and on 18.05.2013 when respondent No. 2 went to the house of the accused Sandeep Sharma, family members, i.e., Mani Ram Sharma (Father), Nirmala Sharma (Mother) and Hemant Sharma (Brother) locked her in a room and gave beatings to her. It is further alleged that the petitioner - Hemant Sharma misbehaved with her and outraged her modesty. They also threatened the prosecutrix that they will kill her. She got medically examined at LBS Hospital on 21.05.201 Her MLC records showed that she had multiple contused abrasions over forearms, face, back and thigh. There were also some tenderness at some places.