Delhi HC dismisses plea seeking FIR registration against U'khand Police official under charges of sexual assault

The Delhi High Court has dismissed a petition of school teacher seeking registration of an FIR against a senior police official of Uttarakhand under alleged charges of sexual assault, house trespass, and extortion, observing that woman had failed to explain delay in complaining the matter.

Justice Brijesh Sethi, in his recent order, observed that the woman petitioner has mentioned the date of the alleged incident as November 2016. However, she has filed a complaint regarding the same through a post on June 5, 2017. "There is inordinate delay in filing the complaint and there is no explanation for the same," the court said.

The court was hearing the woman appeal challenging a trial court order which had dismissed her plea seeking lodging of FIR against a senior Uttarakhand police official.

According to the woman complainant, due to the threat of the accused, the petitioner was compelled to execute sale deed of a property in favour of the accused of consideration of around Rs. 23 lakh. She further submitted that in the month of November 2016, the accused had come to the petitioner's residence in South Delhi with some police guard and hired criminals and at gunpoint demanded Rs. 10 lakh.

The petitioner, had thereafter, asked her mother-in-law to give him Rs 10 lakh. The petitioner's mother-in-law had given three cheques totalling Rs. 10 lakhs in favour of one memorial foundation.

It was further alleged that the accused had wrongfully restrained the petitioner's husband and also assaulted the petitioner with intent to create terror in the mind of the family members. It was also alleged that the accused also harassed the Petitioner's son, who is a Canadian citizen and threatened him that he will put him in Jail.

She further alleged that besides extortion, the accused also sexually and physically assaulted, wrongfully restrained and threatened the petitioner and her other family members with dire consequences.

The High Court observed that so far the allegations of extortion is concerned, the trial court has rightly observed that no prudent man will receive extortion money through the cheques.

"In these circumstances, there is no illegality or irregularity in the order dated November 28, 2018, passed by the Additional Sessions Judge, South-East, Saket Courts, New Delhi. The petition filed by the petitioner is, therefore, dismissed," the High Court said.