Research › Search › Judgment

High Court of Delhi · body

2024 DAILYLAW 3411 (DEL)

HIMANSHU JUNEJA v. STATE OF NCT OF DELHI & ANR.

W.P.(CRL)/3877/2024 · 2026-08-12

Purushaindra Kumar Kaurav

Writ Petition (Criminal)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010919832024 + W.P.(CRL) 3877/2024 and CRL.M.A. 37445-37446/2024 HIMANSHU JUNEJA .....Petitioner Through: Mr. Aalam Bir Singh, Advocate. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Rahul Tyagi, ASC (Crl) for State with SI Pooja Yadav, PS Tughlak Road. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 12.08.2026 1. The instant petition is for the following reliefs: “A. Pass an Order quashing the FIR No. 135 of 2023, dated 19.09.2023 under Sections 354A, 354D and 506 of the Indian Penal Code, 1860 registered at P.S. Tughlak Road along with all the proceedings emanating therefrom; B. Pass such other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.” 2. The facts, as stated in the FIR, appear to be that the complainant, a Real Estate Consultant (Freelancer) met the petitioner through one Mr. M Rohit Maggu. The complainant, thereafter, alleged that on three separate occasions, the applicant held her hand and attempted to touch her in an inappropriate manner. There were then various threats made to the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:59:05 complainant through calls from different numbers. Sexual favours were also stated to have been sought by the applicant from the complainant in lieu of money. 3. During the pendency of this petition, the investigation was carried out and charge sheet has been filed. The matter is at the stage of framing of charges. 4. In exercise of powers conferred under Section 482 of the Code of Criminal Procedure, 1973 (corresponding Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023), ordinarily, an FIR ought not to be quashed after the investigation is completed and charges are framed, unless overwhelming and extraordinary circumstances exist. 5. The Supreme Court in State of Odisha v. Pratima Mohanty Etc.,1 has held as under: “6.2 It is trite that the power of quashing should be exercised sparingly and with circumspection and in rare cases. As per settled proposition of law while examining an FIR/complaint quashing of which is sought, the court cannot embark upon any enquiry as to the reliability or genuineness of allegations made in the FIR/complaint. Quashing of a complaint/FIR should be an exception rather than any ordinary rule. Normally the criminal proceedings should not be quashed in exercise of powers under Section 482 Cr.P.C. when after a thorough investigation the chargesheet has been filed. At the stage of discharge and/or considering the application under Section 482 Cr.P.C. the courts are not required to go into the merits of the allegations and/or evidence in detail as if conducing the minitrial. As held by this Court the powers under Section 482 Cr.P.C. is very wide, but conferment of wide power requires the court to be more cautious. It casts an onerous and more diligent duty on the Court.” 6. Learned counsel for the petitioners may be correct in contending that the Court can still entertain the instant petition for quashment of the FIR, however, bearing in mind all the facts and circumstances, this Court is of the 1 Criminal Appeal Nos. 1455-1456 of 2021, order dt. 11.12.2021. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:59:05 view that it would be more appropriate for the petitioners to take all the pleas as may be available as per law, at the stage of framing of charges. 7. In the event the petitioners raise such pleas, the Trial Court shall consider and decide the same in accordance with law, uninfluenced by any observations made herein. 8. With the aforesaid observations and liberty, the present petition stands disposed of. Pending application(s), if any, shall also stand disposed of PURUSHAINDRA KUMAR KAURAV, J AUGUST 12, 2026 Nc This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:59:05