NARAYANI GAUTAM Vs. STATE

JUDGEMENT

(1.) THESE are two petitions u/s 482 of the Code of Criminal Procedure and the one under Article 226 of the Constitution read with Section 482 of Cr.P.C., for quashing the FIR and the proceedings arising therefrom. The petitioner in Criminal Misc. Case No.3447/2009 has sought quashing of FIR No.118/2009 registered at P.S. Narela u/s 376/506 of IPC, whereas the petitioner in Criminal Misc. Case No.3712/2009 has sought quashing of the proceedings arising from FIR No.826/2007 which was initially registered u/s 304-B/498-A of IPC and in which the petitioners were discharged of the offence u/s 304-B of IPC. In WP (Crl.) 858/09, the petitioner has sought quashing of FIR registered u/s 323/186/353/332/34 of IPC and consequential proceedings.

(2.) IN Crl.M.C. No.3447/2009, the prosecutrix who is a married woman, alleged that on 25th April, 2009, she fell sick and informed her husband on telephone who, then sent the petitioner Rajender to her house, for taking her to hospital. The prosecutrix was in semi-conscious state, when the petitioner came to her house. Taking advantage of her condition, the petitioner raped her and then fled from the house before arrival of her maid servant. It has been stated in the petition that since the parties belong to the same family, they have resolved all their disputes and differences.

(3.) IN WP(Crl.) 858/09, the allegation against the petitioner, who is working in Delhi Police, is that when the officials of Delhi Jal Board, disconnected his unauthorized water connection, he came there in uniform, abused a Junior Engineer who had disconnected the supply and gave him beating.