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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Vimlesh Agnihotri & Ors. - Appellants
Versus
State & Anr. - Respondents
Crl M C No. 1524 of 2021
Decided On : 16-08-2021
Section 482 Cr.P.C - Quashing of FIR - Offences under Section 376 IPC - [RAPE] - [Section 376 IPC] - The court discussed the gravity of the offence of rape and the societal impact, citing various Supreme Court judgments. It emphasized that rape is a non-compoundable offence and cannot be quashed based on compromise, as it is an offence against society and has a serious impact on the victim. The court also highlighted the need to deter frivolous litigations and false allegations of rape, and suggested imposing exemplary costs on litigants for instituting such litigations.
Fact of the Case:
The petition was filed to quash FIR No.343/2019, registered for offences under Section 376 IPC, on the ground of compromise between the parties. The respondent No.2 alleged rape by the petitioners and later filed an affidavit stating that the matter had been compromised.
Finding of the Court:
The court emphasized the gravity of the offence of rape and the societal impact, citing various Supreme Court judgments. It noted that rape is a non-compoundable offence and cannot be quashed based on compromise. The court also highlighted the need to deter frivolous litigations and false allegations of rape, suggesting imposing exemplary costs on litigants for instituting such litigations.
Issues: The main issue was whether the High Court should quash an offence under Section 376 IPC based on compromise between the parties.
Ratio Decidendi: The court held that offences like rape are non-compoundable and have a serious impact on society, and therefore cannot be quashed based on compromise. It also emphasized the need to deter frivolous litigations and false allegations of rape by imposing exemplary costs on litigants for instituting such litigations.
Final Decision: The petition was dismissed, and the court declined to entertain it based on the mandate of the Supreme Court that High Courts must not quash an offence of rape only on the ground that the parties have entered into a compromise.
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 threaten me that if you told to anyone about this incident then I will circulate this video on net. After that all persons have gone, if they come in front of me I will recognised all of them. After passing of two days when my husband came back, I could not tell anything due to fear. I become sad then my husband send me to my maternal home for changing of my mind due to changing of place. I came to Aman Vihar Police Station on 21/07/2019 that Vimlesh has raped me and take action against above named persons."
On the said complaint, FIR No.343/2019, dated 22.07.2019, was registered against the petitioners herein at Police Station Aman Vihar for offences under Sections 376 IPC.
3. It is stated by the learned counsel for the petitioner that the present FIR is a counter blast to a complaint filed by the petitioner No.3 against the husband of the respondent No.2, being FIR No.193/2019, dated 26.04.2019, registered at Police Station Aman Vihar, for offence under Section 376 IPC.
4. It is stated that the Police Report in FIR No.343/2019 has been filed in the Court of Metropolitan Magistrate, Rohini District Courts, without the arrest of the petitioners. It is also stated that the petitioner No.3 i.e. the complainant in FIR No.193/2019 and the husband of the respondent No.2 are Advocates and are practising in Delhi.
5. An affidavit has been filed by the respondent No.2 stating that the matter has been compromised. The said affidavit reads as under: "1. That the deponent is the Respondent No.2 in the above mentioned matter and am well conversant with the facts and circumstances of the case and as such am competent to swear the present affidavit.
2. That the Deponent states that on her complaint F.I.R No. 343/2019 U/s 376 IPC P.S-Aman Vihar was registered against the Petitioners.
3. That deponent states that her husband and the Petitioner No.3 are practising Advocates at Delhi and being a matter relates to Advocate fraternity, the office bearer of the Rohini District Bar Association took cognizance of matter and on their intervention and persuasions the disputes was amicably resolved.
4. That the deponent states that she has no grudge against the petitioners as the dispute was amicably settled among the parties.
5. That the deponent states that she wishes to forget the bitter past. Now onwards there is no ill will of any kind left among the parties and they have resolved all their disputes with one another.
6. That deponent states that she has given her consent to quash the present FIR and proceedings thereto without any pressure, undue influence coercion and pressure from any quarter.
7. That the deponent states that this affidavit is filed bonafide."
6. A perusal of the abovementioned facts would show that the parties have registered cross-cases against each other for offen
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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