SUBRAMONIUM PRASAD
Vimlesh Agnihotri – Appellant
Versus
State – Respondent
JUDGMENT
Subramonium Prasad, J. - This petition under Section 482 Cr.P.C has been filed for quashing FIR No.343/2019, dated 22.07.2019, registered at Police Station Aman Vihar for offences under Section 376 IPC, on the ground that the petitioners and the respondent No.2 have entered into a compromise.
2. The respondent No.2 gave a complaint stating as under:
"I state to you that on 05/05/2019 at around 09:30 evening. My doorbell when I open the door, a person was standing on the door, when i asked him who are you then he told he is Vimlesh Agnihotri and asked me, Where is Vimal Ji then I replied he is not at home and you come here after two days because he went to somewhere then the person told me open the door I have to give some papers which to be given to Vimal Ji. As Soon as I open the iron gate the person entered in my house alongwith a girl and a women all the three person entered in the room and the person told his name. Vimlesh pushed me inside the room the women locked the door, Vimlesh Pushed me on the bed and the girl who kept my mouth shut so that I could not make a noise. After that Vimlesh raped me by force and during this incidence the lady makes a video. Vimlesh threa
Narinder Singh & Ors. vs. State of Punjab & Anr.
Shyam Narain vs. State (NCT of Delhi)
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.
Offences like rape cannot be quashed based on compromise as they have a serious impact on society.
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....
Heinous and serious offenses like rape cannot be quashed based on a settlement between the parties, as they have a serious impact on society.
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.
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