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SUBRAMONIUM PRASAD
In the matter of : Pawan Gaur – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT :
Subramonium Prasad, J.
1. The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed for quashing FIR No.47/2020 dated 19.02.2020, registered in Police Station Pahar Ganj, New Delhi, for offence under Sections 376 and 354 IPC on the ground that the parties have amicably settled the matter and the prosecutrix is not interested in prosecuting the petitioner.
2. On a complaint of respondent No.2, FIR No.47/2020 was registered on 19.02.2020 in Police Station Pahar Ganj, New Delhi, stating that she is staying with her mother at the address given in the FIR. It is stated that in the year 2009, the prosecutrix was working as a Probationary Officer in Bank of Baroda House Branch, India Gate where the petitioner was working as a Manager. It is alleged that the petitioner told her that he had links in the U.S.A. and he can get a job for her there and also help her settle there. In March, 2009, the petitioner lured the complainant calling her at his office at Pahar Ganj and forcefully tried to have physical relations with her, but she did not reveal the same to anyone in the hope that he would get her settled in U.S.A. It is stated that the petit
Rape – Quash of FIR - Compromise between parties - High Courts ought not to use the inherent powers under S. 482 Cr.P.C. in quashing FIRs under Section 376 IPC even if the prosecutrix has entered int....
The power to quash criminal proceedings should be exercised sparingly and with caution, especially for heinous and serious offences, while considering the nature of the offence, the impact on society....
The main legal point established in the judgment is that heinous and serious offences, especially those under Section 376 IPC, cannot be quashed based on a settlement between the parties, as they hav....
The main legal point established in the judgment is that heinous and serious offences like rape, which have a serious impact on society, cannot be quashed based on a settlement between the parties.
The court has the inherent power to quash criminal proceedings in accordance with the guidelines engrafted in such power, especially in cases where the possibility of conviction is remote and bleak, ....
The court established that amicable settlement between parties can justify quashing criminal proceedings under certain circumstances.
The court established that FIRs can be quashed when parties reach a compromise, provided the case does not involve serious offences.
The High Court may quash criminal proceedings if the parties have settled their dispute, and continuation would serve no useful purpose, particularly in cases with a civil flavor.
Point of Law : High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of th....
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