SHAMSHAD & ORS Vs. STATE & ANR

JUDGEMENT

(1.) By the present petition the petitioners seek quashing of FIR No. 88/2016 under Sections 376/377/506/34 IPC registered at PS Bhajanpura, Delhi and the proceedings pursuant thereto.

(2.) The petitioners had earlier filed the a petition seeking quashing of FIR on the ground that parties have settled the matter however, considering that the offence alleged were serious in nature and quashing of the FIR with such serious offences cannot be done on the basis of settlement, the petition was dismissed as withdrawn vide order dated 18th December, 2017 with liberty to the petitioners to file petition seeking quashing on merits. Hence the present petition seeking quashing of FIR and the proceedings pursuant thereto on merits.

(3.) Learned counsel for the petitioners submits that there is an inordinate delay in registration of the FIR as in the statement of the prosecutrix recorded on 14th July, 2015, she stated that the alleged incident took place two months ago and the FIR was registered after seven months of the recording of the statement on 20th January, 2016. Despite the fact that the prosecutrix alleged that she was dragged to the top floor by pulling her hair, no injury was received and no MLC in this regard was prepared. The complainant has leveled similar allegations against the other persons as well and thus is a habitual complainant. Hence the FIR in question be quashed.