Delhi HC quashes trial court order to register FIR against Shahanawaz Hussain, brother in alleged rape case

New Delhi [India], March 6 : The Delhi High Court has set aside an order passed on May 31, 2022, by the Session's Court Patiala House Court directing Police to register FIR against BJP leader Shahnawaz Hussain and his brother Shahbaz Hussain in alleged rape case.
The bench of Justice Amit Mahajan in an order passed on March 3, 2023, noted that Shahnawaz Hussain and his brother Shahbaz were not heard by the Sessions Court of Patiala House Court while directing the registration of FIR under Sections 420, 376, 295A, 493, 496, 506, 509, 511 and 120B of the Indian Penal Code.
The bench while passing an order to set aside an earlier order of the Sessions Court, remanded back to the concerned Court for a decision afresh after giving an opportunity of hearing to the petitioners (Hussain brothers).
The Court noted that earlier Metropolitan Magistrate of Patiala House Court by order dated 25.06.2018, in an application filed by the Complainant woman under Section 156(3) of CrPC, had refused to direct the police to register an FIR. Later the Sessions Judge by the impugned order on May 31, 2022, while setting aside the said order directed the SHO Mandir Marg to
register an FIR.
According to the complaint, the complainant was running an NGO, where she encountered Shahbaz who introduced himself as the brother of Shehnawaaz Hussain, a member of Parliament. The complainant was highly impressed by Shahbaz, with whom she developed intimacy. According to the complainant, Shahbaz promised that he would marry the complainant and allegedly raped her.
She was promised marriage and keeping in mind her dignity and reputation and the promise made by him, the complainant decided to remain quiet but was appalled when she found out the very next day that he was already married and was a father of two children.
It was claimed that after being disappointed and let down at the hands of Shahbaz Hussain, the complainant visited the house of Shahnawaz Hussain, in anticipation of support and justice from him, and narrated the entire story to him. Later Shahnawaz categorically asked the complainant to not highlight the matter and raise a hue and cry as it would be detrimental to both parties, stated the complaint.
It was alleged that the accused Shahbaz Hussain married the complainant in the presence of a Maulavi and some other persons, and the complainant was forced to sign a marriage certificate, after which Shahbaz, as well as his associates, ran away and left the complainant alone. It was later discovered that the Maulavi was not who he posed to be and even the marriage certificate issued by him was fake.
Further, it was alleged by the complainant that threatening calls were made to her wherein filthy and abusive language was used against her, and that recording of the aforesaid conversation is also available with the complainant.