Delhi High Court
Diwakar @ Monu @ Prabhakar Ray vs The State & Anr on 4 March, 2020
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 04.03.2020
+ CRL.M.C. 388/2020
DIWAKAR @ MONU @ PRABHAKAR RAY ..... Petitioner
Through Mr. Yugal Kishore, Adv.
versus
THE STATE & ANR ..... Respondents
Through Mr. Izhar Ahmed, APP for State
Mr. Varun Kumar, Adv. for R-2 with
respondent No. 2 in person.
W/SI Priyanka PS Bhalswa.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
CRL. M.A. 1627/2020 (for condonation of delay)
1. In view of reasons stated in the present application, delay of 37 days
in re-filing the petition is condoned.
2. Application is allowed and disposed of.
CRL.M.C. 388/2020 & CRL. M.A. 1626/2020
3. Vide the present petition, petitioner seeks direction thereby for
quashing of FIR No. 121/2019 dated 14.03.2019, registered at Police Station
Bhalswa Dairy and all other proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for State and by counsel for
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 parties have settled
their disputes and respondent no.2 has no objection if the present petition is
allowed.
7. Complainant/Respondent no.2 is personally present in Court and she
has been identified by W/SI Priyanka/IO and submits that matter has been
settled and she does not wish to prosecute the matter any further.
8. It is not in dispute that heinous and serious offences such as murder,
rape, NDPS and dacoity etc. cannot be quashed despite the fact that the
victim or the family of the victim have settled the dispute.
9. It is also not in dispute that such offences are, truly speaking, not
private in nature but have a serious impact upon society. But at the same
time, quashing of the FIR, in such cases the Court has to see whether
actually crime has taken place or due to some other malafide purpose or
intention, the complaint has been made which subsequently, culminated into
an FIR. If court comes to the conclusion, as in the present petition, that in
fact the rape has not been committed by the accused in the case, in my
considered opinion, there is no bar to quash the FIR even in case of rape or
other heinous offences. Similar view has been taken by this Court in Danish
Ali vs. State & Anr. in Crl.M.C.1727/2019 decided on 26.11.2019.
10. In the present case, as per the submissions made by respondent No.2
before this Court, some altercation took place between the mother of the
petitioner and the father-in-law of respondent No.2 and due to this reason,
the present FIR was registered against the petitioner. Mother of petitioner
and father-in-law of respondent no.2 have entered into an amicable
settlement vide settlement deed dated 22.10.2019 whereby they have
resolved all their disputes.
11. Fact remains that in the present case the offence of rape has not been
committed. Had rape been committed the directions issued by the Hon'ble
Supreme Court in ParbatBhai Aahir and Ors. Vs. State of Gujrat and Ors.
AIR 2017 SC 4843 whereby it was observed that the FIR should not be
quashed in case of rape as it is a heinous offence, would come in the way.
12. Taking into account the aforesaid facts, this Court is inclined to quash
FIR as no useful purpose would be served in prosecuting petitioner any
further.
13. For the reasons afore-recorded, FIR No. 121/2019 dated 14.03.2019 ,
registered at Police Station Bhalswa and consequent proceedings emanating
therefrom are hereby quashed.
14. The petition is, accordingly, allowed and disposed of.
15. Pending application stands disposed of.
16. Order dasti under signatures of the Court Master.
(SURESH KUMAR KAIT)
JUDGE
MARCH 04, 2020/ab
