Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 57 Ct. Cases / 8035/2024
XYZ Vs. The State /0
(Maurya Enclave)
21.05.2025
Present : 	None for the complainant.
Arguments were heard earlier.
Order on Application u/s 156(3) CrPC [175(3) BNSS]
1. The complainant has alleged in her application that since the year 2015 the
accused has been making sexual relations with her on the pretext of
marriage. In the year 2017 before making physical relations with the
complainant, he also told her that now they were married. He also used to
beat her and abuse her in filthy language whenever she refused his advances.
He also gave her pills to avoid pregnancy and said that they would plan a
baby in the year 2024. On 20.05.2023 also the complainant was beaten and
abused in filthy language by the accused upon refusing to make sexual
relations and she made a PCR call. However, the police failed to take any
action on her complaint.
2. It is quite significant to mention that in the complaint given by the
complainant to SHO PS Shalimar Bagh on 20.07.2023, she has identified the
accused as her husband and his family members as her inlaws and has
alleged that they have beaten her, abused her and her husband has threatened
her that he would perform a second marriage. In this complaint, she has
specifically stated that she got married to the accused as per Hindu Rites and
Rituals on 10.05.2017. However, since March 2023, the accused/her
husband was threatening to divorce her and also beating and abusing her.
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She has further alleged that despite police intervention, she was thrown out
of her matrimonial house by her in-laws on 19.07.2023.
3. ATR was called in this matter and it was reported that:-
a. On 13.05.2022, a PCR call vide DD No. 43A, PS Maurya Enclave
was transferred to PS Shalimar Bagh. As per the same, the PCR caller
had stated that victim is in relationship with a person for last 08 years
who is now refusing to marry her.
b. On receiving the said complaint, the counselling of complainant was
done by DCW, NW. During which, she stated that the relationship was
consensual and the victim wants to marry the accused. She also gave a
statement that she is in a living relationship and their families are
aware about the same. She had a fight with the accused a few days
back due to which, he has stopped talking to her. Now, she does not
want any legal proceedings nor does she want to conduct her medical
examination.
c. Thereafter, she again gave a complaint on 18.05.2023 to PS Maurya
Enclave. Thereafter, her MLC was got done. This time also, she stated
that the relationship was with mutual consent and that she had not
suffered any sexual assault.
d. Thereafter on 27.07.2023, she filed a complaint before CAW Cell,
NW, identifying the accused as her husband and his parents as her
in-laws.
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4. Ld. Counsel for the complainant argued that the complaint discloses
cognizable offences requiring police investigation and therefore registration
of FIR was imperative.
5. It is trite that discretion vested in the court under section 156(3) CrPC
[175(3) BNSS] is to be exercised judiciously. The court shall be satisfied
that:-
1. Mandatory requirements of law before moving application under
section 156(3) CrPC [175(3) BNSS] have been complied with by the
applicant.
2. The information discloses a cognizable offence(s)
3. Police investigation is necessary
In the matters where the complainant has in his possession all the evidence
required to prove his allegations, or when the allegations are vague and
non-specific or there is a possibility of harassment by unscrupulous persons
there should be no need to order registration of an FIR. Reference can be
made to M/s. Skipper Beverages Pvt. Ltd. v State 2001 IV AD (Delhi),
Sanjeev Kumar v NCT of Delhi (Crl MC 545/2024 decided by Hon’ble
High Court of Delhi on 23.01.2024)
6. Bearing these principles in mind and after examining the complaint u/s.
156(3) Cr.p.c., initial complaint given to SHO PS Shalimar Bagh, and the
ATR, this court comes to the conclusion that the complainant has made
tangentially opposite allegations in her initial complaint to SHO PS Shalimar
Bagh and the subsequent complaints. Further, as per own case, the physical
relationship between the parties were consensual and was continuing since
the year 2015. Further, the identity of the accused persons is known and the
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entire evidence is in the possession of the complainant. Consequently, there
is no need for additional investigation or recovery that requires police
assistance at this point. Should any disputed facts require examination later,
Section 202 CrPC (or 225 BNSS) may be utilized. Therefore, the present
application under Section 175(3) BNSS (156 (3) Cr.P.C.) is dismissed. The
complainant may proceed with pre-summoning evidence.
7. Put up for Pre-Summoning Evidence on 24.09.2025.
(APOORV BHARDWAJ)
JMFC-02, NORTH WEST DISTRICT
ROHINI COURTS DELHI/21.05.2025
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