Lalit Kumar Vat vs State Of Nct Of Delhi & Anr

Suresh Kumar Kait, J

Crl. M.A. 16804/2020 (Exemption)

Allowed, subject to all just exceptions.

Application is disposed of.

CRL.M.C. 2384/2020

Vide the present petition, petitioner seeks direction thereby for quashing of FIR No. 381/2020 dated 10.08.2020, for the offence punishable under

Sections 376 IPC registered at Police Station â€" Kapashera, New Delhi and all other proceedings arising therefrom.

Notice issued.

Notice is accepted by learned APP for State and by the 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 matter has been compromised between petitioner and the prosecutrix.

The Prosecutrix is personally present in Court and has been identified by W/SI Chandra Kanta/IO of the case. She states that FIR was lodged out

of anger reason being she and petitioner had an altercation on 09.08.2020. To this effect, she has not only filed affidavit but she also sought apology

from this Court.

Since prosecutrix has made wrong statement which culminated into the present FIR, therefore, she is liable to be prosecuted under the law,

however, she seeks unconditional apology and submits that she is a married woman having two children and her matrimonial life will be destroyed if

the present case is sent for trial.

Her unconditional apology is accepted.

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 file 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.

This Court is conscious about the dictum of the Supreme Court in terms of seriousness of the case, however, keeping in view the settlement

arrived between the parties, this Court is inclined to quash the present FIR as no useful purpose would be served in prosecuting the petitioner any

further. Moreover, petitioner is a well-educated person. He holds various educational degrees including MBA and CS-Executive, as evidenced by the

documents annexed hereto as Annexure P-6 . The Petitioner is currently preparing for CS-Professional and UPSC examinations. Continuation of the

proceedings will affect his prospects in clearing examinations.

For the reasons afore-recorded, quashing of FIR No. 381/2020 dated 10.08.2020, registered at Police Station â€" Kapashera, New Delhi and all

other proceedings arising therefrom are quashed.

The petition is, accordingly, allowed and disposed of.

The order be uploaded on the website forthwith.