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RAJNISH BHATNAGAR
Rakesh Kumar Gupta – Appellant
Versus
State – Respondent
JUDGMENT
Rajnish Bhatnagar, J. - The present petition has been filed under Section 482 read with Section 226 of the Constitution of India for quashing of proceedings arising out of FIR No. 285/2019 under Sections 376/377 IPC and Section 4 of Dowry Prohibition Act, registered at P.S. Budh Vihar.
2. Briefly stated, the facts of the present case are that on 25.10.2019, the complainant came to the PS and gave a written complaint, wherein she alleged that she uploaded her profile on matrimonial site Jeevansathi.Com, where she came in contact with accused Akash Gupta (petitioner No. 3 herein), who introduced himself as a practicing lawyer having his office at Chamber No 192, Civil Wing, Tis Hazari Court, Delhi.
3. Complainant's family visited the house of accused Akash Gupta (petitioner No. 3 herein) but initially his family members denied for marriage but petitioner No. 3 remained in contact with the complainant and assured her that he will convince his family members for their marriage. After some time, petitioner No. 3 informed the complainant that his family member got agreed for the marriage.
4. Accordingly, complainant's parents again visited the house of petitioner No. 3 and clearly a
Heinous and serious offenses like rape cannot be quashed based on a settlement between the parties, as they have a serious impact on society.
Compromise between parties cannot quash serious criminal allegations like rape, which are offenses against society and not merely private disputes.
Offences like rape are not private in nature and have a serious impact on society, and therefore, the criminal proceedings cannot be quashed on the basis of settlement between the parties.
Charges of rape are of grave concern and cannot be treated in a casual manner – FIR with allegations of rape cannot be quashed on the basis of settlement between parties.
Rape is a non-compoundable offence and cannot be quashed based on a compromise between the parties, as it is a crime against society with significant gravity.
Rape is a non-compoundable offence and cannot be quashed based on compromise. There is a need to deter frivolous litigations and false allegations of rape by imposing exemplary costs on litigants for....
Point of law: Offence under Section 376 of IPC being a sexual offence would fall in category of heinous and serious offences and are to be treated against society and not against an individual one an....
The main legal point established in the judgment is that the court may exercise its power under Section 482 Cr.P.C. to quash criminal proceedings based on a genuine and voluntary compromise between t....
The power to quash criminal proceedings should be sparingly exercised, especially in cases involving heinous and serious offences with a societal impact. The ends of justice and prevention of abuse o....
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