Arshad Ahmad vs State NCT Of Delhi And Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 826

SWARANA KANTA SHARMA
Arshad Ahmad – Appellant
Versus
State NCT Of Delhi And Another – Respondent

Advocates appeared:
Mr. Arun Bhardwaj, Senior Advocate, with, Mr. Abhishek Sharma and, Mr. Rahul Sharma, Advocates, for the Appellant; Mr. Ranbir S. Kundu, ASC for State with, Mr. Mukul Dagar, Ms. Pooja and, Mr. Agniwesh Singh, Advocates along with SI Jyoti Phogal, PS Mehrauli, Mr. Hilal Haider and, Mr. Butul Khan, Advocates, for the Respondent.

ORDER

Swarana Kanta Sharma, J. (Oral). - The instant petition under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, has been filed by the petitioners praying for quashing of FIR bearing No. 655/2021 registered at Police Station Mehrauli for offences punishable under Sections 376/377/498-A of the Indian Penal Code, 1860 read with Section 34 IPC.

2. Notice. Mr. Ranbir S. Kundu, ASC accepts notice on behalf of the State.

3. All the petitioners are present before this Court and have been identified by their counsel Mr. Abhishek Sharma, Advocate as well as by the Investigating Officer (IO) SI Jyoti Phogal, PS Mehrauli.

4. Investigating Officer has also identified the complainant.

5. It was observed by the Hon'ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, that it is encouraged to quash the FIR in circumstances wherein a compromise has been achieved. The relevant extract of the judgment reads as under:

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 disti