LAWS(DLH)-2017-1-189

HARISHANKAR Vs. STATE (NCT OF DELHI) & ANR

Decided On January 30, 2017
HARISHANKAR Appellant
V/S
State (Nct Of Delhi) And Anr Respondents

JUDGEMENT

(1.) The present petition under Sec. 482 Crimial P.C. has been filed by the petitioner, namely, Sh. Harishankar for quashing of FIR No.181/2011 dated 20.05.2011, under Sec. 354/341/323/506/457 Penal Code registered at Police Station Shalimar Bagh, Delhi on the basis of an agreement/settlement executed between petitioner and respondent no.2 namely, Smt. Manju.

(2.) Learned Additional Public Prosecutor for respondent-State submitted that the respondent no. 2 present in the Court has been identified to be the complainant/first-informant in the FIR in question.

(3.) The factual matrix of the present case is that on 17.05.2011, the complainant/Respondent no.2 was alone at home, and at about 1am, the accused/petitioner who resides in nearby area came in a drunken condition and asked the complainant to open the door of her house. The accused/petitioner came inside the house, but was asked to leave by the complainant to which he declined. Upon intervening to this, the accused/petitioner caught hold of the complainant and put a cloth in her mouth and tried to undress her. The complainant pushed him aside where after the accused/petitioner threatened her with dire consequences if she complained to anyone. The complainant subsequently got registered an FIR in this present matter.