Delhi High Court - Orders
Ranjeet Singh vs State Nct Of Delhi And Anr on 15 May, 2024
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2960/2024 & CRL.M.A. 11344/2024
RANJEET SINGH ..... Petitioner
Through: Mr Sanjog Sharma and Mr Sushal
Sharma, Advocates.
versus
STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Mr Raj Kumar, APP for the State
with W/SI Usha Yadav, PS Mehrauli.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 15.05.2024
1. The present petition has been filed seeking quashing of FIR No.0220/2024 under Sections 376/506 IPC registered at PS Mehrauli.
2. Learned counsel for the petitioner submits that the prosecutrix herself has stated that she has no grievance and does not want to prosecute the present case.
3. The prosecutrix is present in the Court and on a query posed by the Court, the prosecutrix states that she does not want any action against the present petitioner.
4. The learned APP for the State has opposed the quashing of FIR on the ground that an offence under Section 376 IPC is a heinous crime and it has societal impact, therefore, the FIR cannot be quashed on the basis of 'no objection' of the prosecutrix or on the basis of settlement.
5. On the other hand, learned counsel for the petitioner invites the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 22:20:05 attention of the court to the decision of this Court in Bitu Yadav @ Vikas Yadav vs. State (NCT of Delhi) & Anr.: AIR OnLine 2020 Del 1247 wherein under similar circumstances it was observed as under:-
"15. 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 an heinous offence, but when the respondent No.2/complainant/prosecutrix herself takes the initiative and makes affidavits before this Court, stating that she made the complaint due to some misunderstanding and now wants to give quietus to the misunderstanding which arose between the petitioner and respondent no.2, 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.
16. This Court is conscious about the dictum of the Supreme Court in terms of seriousness of the case, however, keeping in view the relationship between the petitioner and the respondent No.2 since 2013, it seems that no rape was committed by the petitioner upon respondent no. 2 in the present case and the FIR was registered on the basis of false allegations arising out of misunderstandings."
6. Learned APP for the State also points out that though the Hon'ble Supreme Court in Kapil Gupta vs. State of NCT of Delhi:
Crl.A.No.1217/2022 has taken a view that the FIR under Section 376 IPC can be quashed but in the said judgment the earlier decision of the Hon'ble Supreme Court in State of MP. vs. Madan Lal: (2015) 7 SCC 681 was not taken into consideration in which the view taken was that an FIR under Section 376 IPC cannot be quashed.
7. Learned counsel for the petitioner seeks to place on record the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 22:20:05 aforesaid decisions of the Hon'ble Supreme Court and make his submissions.
8. In view of the above, re-notify on 20.08.2024
9. In the meanwhile, considering the fact that the prosecutrix has stated in the Court that she does not want any action against the petitioner and there is a settlement arrived at between them, it is directed that no coercive action be taken against the petitioner till the next date.
VIKAS MAHAJAN, J MAY 15, 2024 MK This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 22:20:06