Delhi High Court
Lalit Kumar Vats vs State Of Nct Of Delhi & Anr. on 4 December, 2020
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision :04.12.2020
+ CRL.M.C. 2384/2020
LALIT KUMAR VATS ..... Petitioner
Through Mr. Roshan Santhalia and Mr. Sholab
Arora, Advs.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State
W/SI Chandra Kanta, PS Kapashera
Prosecutrix in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
Crl. M.A. 16804/2020 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 2384/2020
3. Vide the present petition, petitioner seeks direction thereby for
quashing of FIR No. 381/2020 dated 10.08.2020, for the offence punishable
under Sections 376 IPC registered at Police Station - Kapashera, New Delhi
and all other proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for State and by the respondent
no.2 and with the consent of counsel for parties, the present petition is taken
up for final disposal.
6. The present petition is filed on the ground that matter has been
compromised between petitioner and the prosecutrix.
7. The Prosecutrix is personally present in Court and has been identified
by W/SI Chandra Kanta/IO of the case. She states that FIR was lodged out
of anger reason being she and petitioner had an altercation on 09.08.2020.
To this effect, she has not only filed affidavit but she also sought apology
from this Court.
8. Since prosecutrix has made wrong statement which culminated into
the present FIR, therefore, she is liable to be prosecuted under the law,
however, she seeks unconditional apology and submits that she is a married
woman having two children and her matrimonial life will be destroyed if the
present case is sent for trial.
9. Her unconditional apology is accepted.
10. As per the directions of the Hon'ble Supreme Court in Parbat Bhai
Aahir and Ors. vs. State of Gujrat & Ors. (AIR 2017 SC 4843), the FIR
should not be quashed in case of rape as it is an heinous offence, but when
the respondent No.2/complainant/prosecutrix herself takes the initiative and
file affidavits before this Court, stating that she made the complaint due to
some misunderstanding and now wants to give quietus to the
misunderstanding which arose between the petitioner and respondent no.2,
in my considered opinion, in such cases, there will be no purpose in
continuing with the trial. Ultimately, if such direction is issued, the result
will be of acquittal in favour of the accused, but substantial public time shall
be wasted.
11. This Court is conscious about the dictum of the Supreme Court in
terms of seriousness of the case, however, keeping in view the settlement
arrived between the parties, this Court is inclined to quash the present FIR as
no useful purpose would be served in prosecuting the petitioner any further.
Moreover, petitioner is a well-educated person. He holds various educational
degrees including MBA and CS-Executive, as evidenced by the documents
annexed hereto as Annexure P-6 . The Petitioner is currently preparing for
CS-Professional and UPSC examinations. Continuation of the proceedings
will affect his prospects in clearing examinations.
12. For the reasons afore-recorded, quashing of FIR No. 381/2020 dated
10.08.2020, registered at Police Station - Kapashera, New Delhi and all
other proceedings arising therefrom are quashed.
13. The petition is, accordingly, allowed and disposed of.
14. The order be uploaded on the website forthwith.
SURESH KUMAR KAIT, J
DECEMBER 04, 2020
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