High Court of Delhi was dealing with the petition filed by the petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 for quashing and cancelling the FIR under Section 376 IPC.
Brief Facts:
On 16.09.2021, when petitioner came to the house of Complainant/Respondent No.2 some disputes arose between them and due to her temperamental issues, the Complainant/Respondent No. 2 reached the police station and got registered the present FIR bearing No. 1199/2021 against the Petitioner.
Petitioner’s Contention:
Learned counsel for the petitioner submitted that the complainant herself has turned hostile and does not 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. It was submitted that no grievance of the complainant remains against the Petitioner and she has given her NOC stating that she does not want to pursue the matter against the petitioner thus, no useful purpose would be served by continuing with the present case.
Respondent’s Contention:
Learned Counsel for the respondent submitted that the allegations against the petitioner are grave and serious in nature. He further submitted that no doubt, the complainant has given NOC stating that she does not want to pursue the matter against the petitioner but 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. He further submitted that the FIR may not be quashed in the instant case on the basis of the fact that complainant has turned hostile.
HC’s Observations:
After hearing both the sides Court stated 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 issue before the Court was whether the High Courts, while exercising its jurisdiction under Section 482 Cr.P.C, should quash an offence under Section 376 IPC?
HC relied upon various cases where the SC dealt with the same issue. HC stated that the SC 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.
HC stated that by simply entering into a compromise, charges cannot be said to have been mitigated or that the allegations leveled by the respondent No. 2 regarding the alleged offence lost its gravity by any means. Act of rape is not an act against individual but this is an offence against the society.
HC Held:
After evaluating submissions made by both the parties the Court held that “the criminal proceedings emanating from FIR, with the allegations of rape cannot be quashed in exercise of powers vested in this Court under Section 482 Cr.P.C. on the basis of NOC given by the complainant (Respondent No. 2) and the fact that she has turned hostile does not waive off the offence as alleged by the complainant against the petitioner.”
Case Title: V.P. Singh v. State and Anr.
Bench: Hon'ble Mr. Justice Rajnish Bhatnagar
Citation: W.P.(CRL) 2197/2021
Decided on: 5th April 2022
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