DILIP KUMAR GUPTA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Present petition under Sec. 482 Crimial P.C. has been preferred by the petitioner for quashing of FIR No.0758/2015 under Sec. 376 Penal Code registered at Police Station Mahendra Park, Charge Sheet dated 7.3.2016 and all the legal proceedings emanating from the said FIR and charge-sheet. Status report is on record.

(2.) I have heard the learned Senior counsel for the petitioner and learned APP for the State and have examined the file.

(3.) Learned Senior counsel for the petitioner urged that a false and vexatious case vide FIR No.758/2015 dated 1.9.2015 was lodged against the petitioner under Sec. 376 Penal Code on the statement of 'X' (assumed name)/respondent No.2. Soon after the registration of the FIR, 'X' was medically examined at 9.00 p.m. on 1.9.2015 and in the MLC, no external injury was found on her body including private parts. On 25.09.2015, the prosecutrix sent a letter to SHO, Mahendra Park Police Station denying the allegations levelled by her in her earlier complaint. She moved an application before the learned Metropolitan Magistrate on 28.09.2015 to record her 164 Crimial P.C. statement. In her 161 Crimial P.C. statement recorded before the police, she reiterated that a false FIR was lodged by her to settle the dispute about her salary with the petitioner. Similar is the statement of one Mukesh, X's brother under Sec. 161 Crimial P.C. Learned Senior counsel urged that since the prosecutrix has retracted her earlier statement, there is no likelihood of conviction and continuance of the criminal proceedings against the petitioner would be an abuse of process.