1. Present petition under Section 482 Cr.P.C. has been preferred
by the petitioner for quashing of order dated 22.09.2014 of learned Addl.
Sessions Judge in Crl.Rev.No.28/14 by which order dated 16.03.2013 of
Learned Metropolitan Magistrate dismissing the complaint under Section
200 Cr.P.C. was upheld.
2. I have the learned counsel for the petitioner and have
examined the file. The petitioner had filed complaint case under Section
200 Cr.P.C. on 14.07.2006 to initiate proceedings under Sections
376/506/452 IPC against respondent No.2. It was averred in the complaint
that in September, 2002 when petitioner’s husband and brother-in-law
were lodged in Tihar Jail, the respondent No.2 who lived at 162, village
Dheerpur, Delhi and was posted as Head Constable in Delhi Police
approached her to assist their release. He demanded physical favour from
her. However, on her raising alarm, the respondent No.2 fled the spot.
After two or three days at around 01.00 a.m., the respondent No.2 again
came at her house on the pretext to deliver urgent message. After gaining
entry in the house, respondent No.2 criminally intimidated her and
committed rape upon her. The complainant further alleged that subsequent
to release of her husband from jail, the respondent No.2 continued to
commit rape upon her against her wishes after black-mailing her. She
apprised her husband about the sexual assault and when he confronted the
respondent No.2, he was also threatened. The petitioner was forced to
shift her residence to 207, Nirankari Colony, Delhi, in May, 2006.
However, the respondent No.2 continued to follow her there also. On
07.07.2006, the respondent No.2 made a telephone call from his mobile
No.9873432422 to the mobile of her tenant – Deepak at 9891153100 and
insisted her to meet him on that night. She brought it to the notice of her
husband, brother-in-law and they all approached PS Mukherjee Nagar at
around 11.00 to 11.30 pm. The police, however, did not take any action.
Hence the complaint.
Source: Indian Kanoon