Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajnish Bhatnagar, J.
Kanav Arora – Appellant
Versus
The State Govt. of N. C. T. of Delhi & Anr. – Respondents
Cr.M.C. 1183 of 2023
Decided On : 06-09-2023
Abuse of Process of Law - Quashing of FIR under Section 376 IPC - Section 482 Cr.P.C. - [SEXUAL OFFENSES] - [Section 376 IPC, Section 482 Cr.P.C.] - The court quashed the FIR under Section 376 IPC, citing the abuse of process of law and the settlement between the parties as grounds for doing so. It referenced key legal provisions such as Section 482 Cr.P.C. and judicial views in similar cases to support its decision.
Fact of the Case:
The individuals engaged in a physical relationship without formalizing their marriage, leading to their separation. The petitioner sought the quashing of FIR no. 328/2022 under Section 376 IPC, citing abuse of process of law.
Finding of the Court:
The court found that the registration of the FIR was an abuse of the process of law and that the settlement between the parties warranted the quashing of the FIR to bring peace and harmony to their lives.
Issues: Abuse of process of law, settlement between the parties, quashing of FIR under Section 376 IPC.
Ratio Decidendi: The court relied on the abuse of process of law and the settlement between the parties as the basis for quashing the FIR under Section 376 IPC.
Final Decision: The court allowed the petition and quashed FIR no. 328/2022 under Section 376 IPC, along with all consequential proceedings.
JUDGMENT
Rajnish Bhatnagar, J. The petitioner has preferred the present petition under Section 482 Cr.P.C. seeking quashing of FIR no. 328/2022 under Section 376 IPC registered at Police Station Moti Nagar, chargesheet and all consequential proceedings.
2. On hearing learned counsel for parties, there is an ex facie opinion of this court that the registration of FIR in the present case is abuse of the process of law.
3. The individuals opted to engage in a physical relationship without formalizing their marriage for a substantial duration. Due to certain circumstances, their bond deteriorated, leading to their separation. This scenario is applicable both prior to and post marriage. Furthermore, a significant amount of time has passed since respondent No.2 filed the aforementioned FIR.
4. The evident details of this case are so apparent that this court is completely willing to dismiss the FIR No. 328/2022 filed under Section 376 at Moti Nagar Police Station and conclude all the legal proceedings. Allowing the continuation of proceedings based on the current FIR would translate to subjecting the involved parties to harassment through the very criminal process.
5. It is firmly established that the authority conferred by Section 482 Cr.P.C. is separate from the authority possessed by the Court to resolve compoundable offenses as outlined in Section 320 of the Code. While it's true that under Section 482 of the Code, the High Court can terminate proceedings even for offenses that aren't eligible for compounding, given that the parties have resolved the matter amicably, this power must be exercised judiciously and carefully. Rape is a grave offense punishable under Section 376 IPC.
6. This Court is fortified to adopt this course of action by the judicial view in (2019) 9 SCC 608 titled "Pramod Suryabhan Pawar Vs. State of Maharashtra & Anr." where in the factual scenario where complainant was aware that there existed obstacles in marrying the accused and still continued to engage in sexual relations, the Hon'ble Supreme Court quashed the FIR. In the said judgment, a distinction was made between a false promise to marriage which is given on understanding by the maker that it will be broken and a breach of promise which is made in good faith but subsequently not fulfilled in context of Section 375 Explanation 2 and Section 90 of the IPC, 1860.
7. During the course of the arguments learned counsel for the petitioner has drawn the attention of this Court to the various judgments passed by the Hon'ble Supreme Court and by this Court:
8. The Supreme Court in Arun Shankar Shukla v State of Uttar Pradesh and others, AIR 1999 SC 2554 held as under:
"...It is true that Under Section 482 of the Code, the High Court has inherent powers to make such orders as may be necessary to give effect to any order under the Code or to prevent the abuse of process of any court or otherwise to secure the ends of justice. But the expressions "abuse of the process of law" or "to secure the ends of justice" do not confer unlimited jurisdiction on the High Court and the alleged abuse of the process of law or the ends of justice could only be secured in accordance with law including procedural law and not otherwise. Further, inherent powers are in the nature of extraordinary powers to be used sparingly for achieving the object mentioned in Section 482 of the Code in cases where there is no express provision empowering the High Court to achieve the said object. It is well-neigh settled that inherent power is not to be invoked in respect of any matter covered by specific provisions of the Code or if its exercise would infringe any specifi
The court can quash criminal proceedings under Section 482 Cr.P.C. if it deems it necessary to prevent the abuse of the process of law and to secure the ends of justice.
The court emphasized that heinous and serious offences like rape cannot be quashed solely based on compromise, but in cases where the possibility of conviction is remote and bleak, and continuation o....
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.
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....
The main legal point established in the judgment is that heinous and serious offences, especially those under Section 376 IPC, cannot be quashed based on a settlement between the parties, as they hav....
The inherent power of the High Court under Section 482 of the Code of Criminal Procedure to quash criminal proceedings in appropriate cases where the offender and victim have settled their dispute, w....
Point of Law : Rape - Amicable settlement - Quash of FIR - Inherit powers of High Court - Power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravit....
Point of Law : Criminal proceedings or FIR - Quashed - Offence of Rape - Interest of justice would be met, in case, proceedings are quashed, as the parties have already compromised matter.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
