HC: Rape Case can't be quashed even if Victim has turned Hostile, Read Order

The Delhi High Court has reiterated that Rape charges can't be mitigated merely because NOC is obtained from witness and she turned hostile.

The single-judge bench of Justice Rajnish Bhatnagar observed that compromise between the parties doesn't diminsh the gravity of the heinous offence by any means as act of rape is not an act against individual but this is an offence against the society.

Learned Counsel for the petitioner submitted that the complainant herself has turned hostile and doesn't want to pursue the present FIR. It was further submitted that the complainant has given her statement under Section 164 Cr.P.C. wherein she stated that the physical relations established between them were consensual based on which Trial Court granted the petitioner regular bail. 

Learned ASC submitted tha the offence under Section 376 IPC, is a very serious offence, rather it is an offence against the society and the offender cannot be allowed to be let off in the garb of said NOC.

The Court at the outset noted that the petitioner is accused of offence under Section 376 IPC which is a heinous offence and the offence of rape not only destroys the personality of the victim but it also scars the mental psyche of the victim which remain embedded on the mind of the victim for years together. The charges of rape are of grave concern and cannot be treated in a casual manner.

The Court mentioned that Supreme Court has, time and again, directed that the High Court should not exercise its jurisdiction under Section 482 Cr.P.C to quash an offence of rape on the ground that the parties have entered into a compromise. It reffered to Gian Singh Vs. State of Punjab & Another, 2012 Latest Caselaw 527 SC, Shimbhu and ANR. Vs. State of Haryana, 2013 Latest Caselaw 586 SC, State of M.P. Vs. Madanlal, 2015 Latest Caselaw 423 SC, State of Madhya Pradesh Vs. Laxmi Narayan, 2019 Latest Caselaw 225 SC, Narinder Singh & Ors. Vs. State of Punjab & ANR., 2014 Latest Caselaw 202 SC,

The Court thus dismissed the petition stating that NOC of victim has no legal bearing on rape case proceedings as it is Crime against Society.

Case Title: V. P. SINGH @ VIJENDER PAL SINGH vs STATE AND ANR.

Case Detail: W.P.(CRL) 2197/2021

Coram: Justice Rajnish Bhatnagar

Read Order Here:

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