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DELHI HIGH COURT
RAJNISH BHATNAGAR
Swatantra Kumar Jaysawal – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. allegations of sexual assault and detailed background. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. parties have amicably settled; state expresses concern. (Para 10 , 11) |
| 3. seriousness of offences against societal norms. (Para 12 , 13) |
| 4. high court's guidelines on not quashing serious offences. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 5. the petition is dismissed. (Para 21) |
ORDER
Rajnish Bhatnagar, J. The present petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 for quashing and cancelling the FIR No. 219/2021 under Section 376 /323/506 IPC registered at P.S. Patparganj Industrial Area and all the proceedings thereof.
2. Briefly stated, the facts of the case are that on 25.06.2021 an information from PCR vide DD No.54A was received at PS Patparganj Industrial Area, wherein it was reported that Complainant was not telling anything about complaint but asking for urgent police assistance. Accordingly, IO SI Moolchand reached the place of incident i.e. ICD Patparganj Custom office and met the complainant, who told that she had a scuffle with her male friend Swatantra (petitioner here
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.
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.
Compromise between parties cannot quash serious criminal allegations like rape, which are offenses against society and not merely private disputes.
Heinous and serious offenses like rape cannot be quashed based on a settlement between the parties, as they have a serious impact on society.
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....
High Court quashed FIR under Section 69 BNS on compromise as offence (sexual intercourse by deceitful promise of marriage, not rape) not heinous; voluntary victim settlement secures justice, prevents....
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