PRIYA KAPOOR Vs. STATE

JUDGEMENT

(1.) By this petition filed under Section 482 Cr.PC, the petitioners seek quashing of the charge-sheet dated 06.06.2019 filed under Section 506/34 IPC in FIR No. 60/2019, P.S. Krishna Nagar, Delhi and all proceedings emanating therefrom on the ground that the basic ingredients of Section 506 IPC are missing against the present petitioners.

(2.) The aforesaid FIR was registered against Lakshay Kapoor, the son of the present petitioners, under Section 376/377/34 IPC on 15.03.2019. Initially, the FIR was lodged only against the said Lakshay Kapoor, however, after conclusion of the investigation, the charge-sheet was filed not only against Lakshay Kapoor, but also against his parents, i.e., the present petitioners under Section 506/34 IPC.

(3.) Mr.P.K.Dey, learned counsel for the petitioners submits that there is not even an iota of allegation against the present petitioners in the FIR or the statement of the complainant recorded under Section 164 Cr.PC. He further submits that the allegations, if any, are only against Lakshay Kapoor. Learned counsel further submits that neither any date nor any details of the alleged threats are mentioned anywhere in the charge-sheet. He submits that the present petitioners had lodged complaints on 26.03.2019 and 25.04.2019 against the complainant regarding threats given to them by the complainant. The learned counsel also invited attention of this Court to the statements of the relatives of the complainant, recorded under Section 161 Cr.PC during the course of investigation. He has specifically drawn the attention of the Court to the statements of brother, mother and another cousin of the complainant wherein not a single allegation has been levelled by them against the present petitioners. In support of his submissions, learned counsel for the petitioners has relied upon the following decisions:-