Delhi High Court
Ashish @ Ashish Kumar Sagar vs The State & Anr. on 11 February, 2021
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 11.02.2021
+ CRL.M.C. 389/2021 & Crl.M.A. 2060/2021
ASHISH @ ASHISH KUMAR SAGAR ..... Petitioner
Through: Advocate (appearance not given)
Versus
THE STATE & ANR. ..... Respondents
Through: Mr. G.M.Farooqui, Additional Public
Prosecutor for State with SI Smriti
Gupta
Respondent No.2/complainant in
person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
1. Vide this petition, petitioner is seeking quashing of FIR No.
330/2020, under Sections 376/506 IPC, registered at police station
Shakarpur, Delhi.
2. Notice issued.
3. Mr. G.M.Farooqui, learned Additional Public Prosecutor for State,
accepts notice and submits that petitioner and respondent No.2/ prosecutrix
is present in the Court and she has been identified by SI Smriti Gupta,
Investigating Officer of this case.
4. Learned counsel for petitioner submits the misunderstanding between
petitioner and respondent No.2/prosecutrix has been resolved in terms of
Compromise Deed dated 25.09.2020. He further submits that the marriage
between petitioner and prosecutrix/respondent No.2 has been solemnized in
Arya Samaj Mandir, Nakul Gali, Vishwas Nagar, Delhi on 25.09.2020 itself
and they are happily living together as husband and wife. He next submits
that respondent No.2/ prosecutrix does not wish to pursue the proceedings
arising out of FIR in question and her affidavit dated 06.02.2021 to this
effect is placed on record.
5. Learned Additional Public Prosecutor for State on instructions from
Investigating Officer of this case submits that the factum of marriage
between petitioner and respondent No.2/prosecutrix stands verified.
6. Learned counsel for petitioner submits that to enable the parties to
lead a happy married life, this petition deserves to be allowed.
7. In a somewhat similar circumstances, a Bench of Punjab and Haryana
High Court in CRM-M No.47266 of 2019, Pankaj @ Sikandar Kumar Vs.
State of U.T., Chandigarh and another, decided on 05.03.2020, while
quashing the proceedings for the offences under Section 376 IPC, has
observed as under:-
"5. In normal circumstances, the Court would not entertain a
matter when the non compoundable offences are heinous in
nature and against the public. In the instant case, the offence,
complained of is under Section 376 IPC, which is an offence
of grave nature. In the eyes of law, the offence of rape is
serious and non-compoundable and the Courts should not in
ordinary circumstances interfere and quash the FIR that has
been registered. However, there are always exceptions to the
normal rules and certain categories of cases, which deserve
consideration specially when it is a case of love affair
between teenagers and due to fear of the society and pressure
from the community one party alleges rape, cases where the
accused and the victim are well known to each other and
allegation of rape is levelled only because the accused
refused to marry, as well as the age, educational maturity
and the mental capacity, consequences of the same ought to
be kept in mind when inclined to interfere."
8. Although, 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 a heinous
offence, but when complainant/prosecutrix herself takes the initiative and
states that she made the complaint due to some misunderstanding and now
wants to give quietus to the misunderstanding which arose between her and
the petitioner, 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. A similar view was taken by this court in the case of
Danish Ali v. State and Anr. in Crl. M.C. 1727/2019.
9. Taking into account the aforesaid facts and the fact that the petitioner
and prosecutrix have already married on 25.09.2020, therefore, this Court is
inclined to quash the present FIR as no useful purpose would be served in
prosecuting petitioner any further.
10. For the reasons afore-recorded, FIR No. 330/2020, under Sections
376/506 IPC, registered at police station Shakarpur, Delhi and all other
proceedings arising therefrom are quashed.
11. The order be uploaded on the website of this Court forthwith.
(SURESH KUMAR KAIT)
JUDGE
FEBRUARY 11, 2021
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