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.

ORDER

1. The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 569/2020 registered under Section 376 IPC at Police Station Mehrauli, Delhi on the ground that the present FIR came to be registered on account of some misunderstanding and the parties having reached an amicable settlement of their dispute, no fruitful purpose would be served in continuance of the present criminal proceedings.

2. Issue notice.

3. Ms. Meenakshi Dahiya, learned APP for the State, accepts notice.

4. As per the prosecution case, the present FIR came to be registered on 25.08.2020 on the complaint of the prosecutrix, wherein it was stated that she was in the final year of her college and a personal trainer by profession. In February, 2020 she met with an accident and sustained injuries on her thigh and ankle and was helpless and financially disturbed. The prosecutrix planned to join an MNC for future security and in search of a job got petitioner's number. The prosecutrix texted the petitioner, who replied that he was looking for a hot personal assistant. The petitioner asked the proseuctrix if she was open for a relationship to which she resisted. The petitioner called the prosecutrix and offered wine to which she agreed. Thereafter, the prosecutrix sent him location of her home and the petitioner visited her with a bottle of wine. While talking normally about the profession, the petitioner gave two drinks to the prosecutrix and also passed the bottle of wine to her. When the prosecutrix got drunk, the petitioner started removing her clothes. The petitioner started punching on the prosecutrix's right leg and established physical relations with her without her consent. The prosecutrix raised hue and cry and tried to call the neighbors. The petitioner hit the prosecutrix repeatedly and the prosecutrix even scratched him on his chest. Thereafter, her neighbor Jasmin came and witnessed that the petitioner was running away from the house after establishing relations with the prosecutrix. The petitioner asked the prosecutrix for physical relations and she replied in negative, then the petitioner removed her clothes and starting hitting her and committed rape upon her.

5. Mr. Roshan Sonthalia, learned counsel for the petitioner, submits that the petitioner was admitted to bail vide order dated 23.09.2020 passed by this Court and the parties were able to reach an out of the Court settlement. It is stated that there was a mutual attraction between the parties and the prosecutrix wanted to have a long term relationship with the petitioner. However, on coming to know that the petit ioner was in fact married, the present FIR was lodged in the heat of the moment under the influence of liquor. It is also stated that the parties have mutually decided to set the record straight and be friends and the prosecutrix has no objection to the quashing of the FIR.

6. Ms. Meenakshi Dahiya, learned APP for the State, has vehemently opposed the quashing of the FIR on the basis of the aforesaid settlement.

7. It is a settled position of law that the scope of powers conferred to High Courts under Section 482 Cr.P.C. is very wide. The High Court has inherent power to act ex debito justitiae to do real and substantive justice, for the administration of which alone it exists, or to prevent abuse of the process of the Court. The Supreme Court in Gian Singh v. State of Punjab and Another reported as (2012) 10 SCC 303, has delineated the scope of powers under Section 482 Cr.P.C. thus:-

"61. The position that emerges from the above discussion can be summarised thus : the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline