SANJAY JAIN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By way of the present petition filed under Section 438 of the Criminal Procedure Code,1973 (hereinafter referred as ' Cr.P.C .), the petitioner seeks grant of anticipatory bail in respect of FIR No. 0308 dated 21.07.2017, under Section 354 / 354A / 506 of The Indian Penal Code,1860(hereinafter referred as ' IPC '), registered by P.S. Jafarabad, New-Delhi.

(2.) Briefly stated the facts of the case are that the complaint was lodged on 21.07.2017 by one Dimple who alleged that, on 17.07.2017 at around 4 pm her brother-in-law (devar), who used to stay with her mother-in-law, had come to her house when she was alone at home and forcefully tried to make physical relations with her and even threatened her when she objected. The alleged incident was narrated by her, to her husband who did not pay any heed to it and then, later she narrated it to her brother and her aunt. She reported the incident to the police officials and the complaint was lodged under the Sections 354 / 354A / 506 of IPC.

(3.) Ms. Ishita Jain, the learned counsel for the petitioner contended that that the present FIR filed against the petitioner is false and fabricated; that the petitioner visited the house of the prosecutrix on an invitation made by her for lunch; that the prosecutrix threatens her husband and his family members many a times of filing false cases of domestic violence, sexual harassment etc; that in the year 2005, she filed a false case of domestic violence against her husband, which was later on withdrawn by her; that her behavior towards her husband and his family is unreasonable; that she even went on a vacation, with her husband along with the petitioner and a friend, a month before filing the FIR. Hence, the present petition should be allowed.