Naseem vs The State & Anr
2020 Latest Caselaw 1487 Del

$~22
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                Date of decision: 04.03.2020
+      CRL.M.C. 390/2020
       NASEEM                                        ..... 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

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 1632/2020

1. In view of the reasons stated in the present application, delay of 37

days in re-filing the petition is condoned.

2. Application is, accordingly, allowed and disposed of.

CRL.M.C. 390/2020 & CRL.M.A. 1631/2020

3. Vide the present petition, petitioner seeks direction thereby for

quashing of FIR No. 632/2018 dated 22.11.2018, registered at PS 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 with her

mother 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 her mother and father

of the petitioner and due to this reason, the present FIR was registered

against the petitioner. Father of petitioner and mother 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. 632/2018 dated 22.11.2018 ,

registered at PS Bhalswa Dairy and consequent proceedings emanating

therefrom are 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