R. K. Gauba,J. - (1.) The petitioner is facing trial as accused in sessions case (SC no. 58925/2016) in the court of Additional Sessions Judge on the charge for offences punishable under Sections 376/313/506 of Indian Penal Code, 1860 (IPC), the same having been framed on 23.05.2016 on the basis of evidence which was presented with the report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.), upon conclusion of investigation into first information report (FIR) no. 759/2015 of police station KN Katju Marg.
(2.) This petition under Section 482 Cr.P.C. was submitted with the following prayers:- (a)Quash FIR bearing no. 759/.2015, P.S. K.N. Katju Marg, New Delhi under Section 313/376/506 IPC (b)Quash chargesheet filed in February 2016 in above matter; (c) Quash all subsequent proceedings in New S.C. No. 58925/2016 (d)Call for record in New S.C. No. 58925/2016 (e) Pass any other orders as it may deem fit".
(3.) The prosecutrix (second respondent) of the case is married woman with children. While lodging the FIR on 25.07.2015 she had, iter alia, alleged that she had come to be acquainted with the petitioner (the accused) for about two years, he having been introduced to her by a friend and at the instance of such friend she having arranged engagement of her younger sister with him, the said engagement having been later cancelled. She alleged that after the engagement of her sister had been broken, the petitioner started pursuing and stalking her. He would often visit her house during the absence of her husband, who would ordinarily be away in connection with his work. She alleged that the petitioner had extended threats to her and suggested that she should give up on her husband by threatening to kill her family and eventually persuaded her to abide by his wishes. It is alleged by her that, over the period, the petitioner engaged her in sexual intimacy as a result of which she had even conceived. She claimed that she had been subjected by the petitioner to physical assaults on several occasions and having arranged for the pregnancy to be aborted at a nursing home on 24.07.2015. According to her version in the FIR, her husband had come to see her in the company of the petitioner at the time of her visit to the nursing home for abortion and it is then that she revealed the background facts to him.;