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DELHI HIGH COURT
RAJNISH BHATNAGAR
Rakesh Kumar Gupta – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. allegations and circumstances of the case (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. settlement between parties (Para 9 , 10) |
| 3. nature and severity of offenses (Para 11 , 12 , 18) |
| 4. jurisdiction under section 482 cr.p.c. (Para 13 , 14 , 15 , 16 , 17) |
| 5. outcome of the petition (Para 19 , 20) |
ORDER
Rajnish Bhatnagar, J. The present petition has been filed under Section 482 read with Section 226 of the Constitution of India for quashing of proceedings arising out of FIR No. 285/2019 under Sections 376/377 IPC and Section 4 of Dowry Prohibition Act, registered at P.S. Budh Vihar.
2. Briefly stated, the facts of the present case are that on 25.10.2019, the complainant came to the PS and gave a written complaint, wherein she alleged that she uploaded her profile on matrimonial site Jeevansathi.Com, where she came in contact with accused Akash Gupta (petitioner No. 3 herein), who introduced himself as a practicing lawyer having his office at Chamber No 192, Civil Wing, Tis Hazari Court, Delhi.
3. Complainant's family visited the house of accused Akash Gupta (petitioner No. 3 herein) but initially his family members denied for marriage but petitioner No. 3 remained in contact wit
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.
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.
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....
The power to quash criminal proceedings should be sparingly exercised, especially in cases involving heinous and serious offences with a societal impact. The ends of justice and prevention of abuse o....
High Court may quash rape FIR post-charge-sheet under inherent powers upon genuine compromise and marriage, promoting harmony and preventing abuse of process despite offence gravity.
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