Aashu [email protected] Sharique Khan vs The State (Nct Of Delhi) & Anr.
2015 Latest Caselaw 3214 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI


+      CRL.M.C. 5257/2014

       AASHU [email protected] SHARIQUE KHAN .....Petitioner
                  Through: Mr. Rajeev Saxena, Advocate

                          versus

       THE STATE (NCT OF DELHI) & ANR.            ....Respondents
                     Through: Mr. Navin Sharma, Additional
                               Public Prosecutor for respondent-
                               State with Inspector/SHO Ved
                               Parkash PS H.Nizammuddin

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                           ORDER

% (ORAL)

Petitioner is an accused in FIR No.220/2012, which was initially registered for the offence under Section 323/341/506/34 IPC at Police Station Hazrat Nizamuddin, Delhi, but during the course of investigation it transpired that petitioner committed offence under Section 394/397 IPC as well. Quashing of FIR is sought on the basis of settlement of 19th April, 2014 entered into between the parties.

Learned Additional Public Prosecutor for respondent-State informs that this FIR case is at the charge stage and the gravity of offence is such, which does not call for quashing of the FIR on the basis of settlement.

Crl.M.C.No.5257/2014 Page 1 The pertinent observations of Apex Court in „Gian Singh Vs. State of Punjab & Anr.‟ (2012) 10 SCC 303, regarding quashing of FIRs in heinous crimes are as under:-

"58. In respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all."

Applying the dictum of Gian Singh (supra) to the facts of the instant case, I find that no case for quashing of FIR is made out.

The petition is dismissed while not commenting upon merits of this case.

                                                         (SUNIL GAUR)
                                                            JUDGE
APRIL 21, 2015
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Crl.M.C.No.5257/2014                                                 Page 2