Diwakar @ Monu @ Prabhakar Ray vs State & Anr

Suresh Kumar Kait, J

CRL. M.A. 1627/2020 (for condonation of delay)

In view of reasons stated in the present application, delay of 37 days in re-filing the petition is condoned.

Application is allowed and disposed of.

CRL.M.C. 388/2020 & CRL. M.A. 1626/2020

Vide the present petition, petitioner seeks direction thereby for quashing of FIR No. 121/2019 dated 14.03.2019, registered at Police Station

Bhalswa Dairy and all other proceedings arising therefrom.

Notice issued.

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.

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.

Complainant/Respondent no.2 is personally present in Court 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.

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.

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.

In the present case, as per the submissions made by respondent No.2 before this Court, some altercation took place between the mother of the

petitioner and the father-in-law of respondent No.2 and due to this reason, the present FIR was registered against the petitioner. Mother of petitioner

and father-in-law of respondent no.2 have entered into an amicable settlement vide settlement deed dated 22.10.2019 whereby they have resolved all

their disputes.

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 484 3whereby 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.

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.

For the reasons afore-recorded, FIR No. 121/2019 dated 14.03.2019 , registered at Police Station Bhalswa and consequent proceedings emanating

therefrom are hereby quashed.

The petition is, accordingly, allowed and disposed of.

Pending application stands disposed of.

Order dasti under signatures of the Court Master.