Del HC | Quashing of FIR in a heinous and serious case of rape denied even where accused subsequently married the victim

Delhi High Court: Brijesh Sethi, J., while stating that,

“Rape not only causes serious injury to a woman’s body, her honour and dignity and even if such an offence is settled by the offender and victim, this offence being not private in nature but has a serious impact on the society and, therefore, cannot be quashed.”;

dismissed the petition filed with respect to the quashing of FIR and the proceedings emanating therefrom.

The present petition was filed for quashing of FIR under Sections 376 and 380 of the Penal Code, 1860 and the consequential proceedings emanating therefrom.

Background of facts

Petition pleaded that respondent 2 had met the petitioner on account of a professional assignment and thereafter they kept meeting each other regularly and got romantically involved. Respondent 2 entered into a live-in relationship with the petitioner. 

An altercation took place between the petitioner and respondent 2 and the petitioner left respondent 2. Respondent 2 filed a complaint thereafter against the petitioner which culminated into the aforesaid FIR. 

The fact to be noted is that, during the course of the trial, the marriage of the petitioner and respondent 2 was solemnized. However, on account of some differences and misunderstandings, the trial proceedings continued. Upon the intervention of friends the dispute between both resolved by way of the settlement deed. 

Further, respondent 2 gave her ‘No Objection’ affidavit for quashing of the aforesaid FIR and all proceedings emanating therefrom. 

Conclusion

High Court on perusal of the facts and circumstances noted that the FIR under Sections 376 and 380 IPC was registered on the basis of the statement made by complainant/respondent 2 wherein she mentioned about her emotional, physical, mental and sexual abuses at the hands of the petitioner.

Further, the question that arose for consideration was whether the fact that the parties got married and had settled the dispute should be a reason good enough to quash the FIR registered under Section 376 and 380 IPC and consequential proceedings emanating therefrom.

In the Supreme Court decision of Parbathhai Aahir v. State of Gujarat, 2017 SCC Online SC 1189, it was held that scope of power of the High Court under Section 482 CrPC to quash the criminal proceedings on the basis of settlement in a heinous or serious offence is limited.

In Narinder Singh v. State of Punjab, Criminal Appeal No. 686/2014, the Supreme Court held that in respect of offences against society, it is the duty of the state to punish the offender. In consequence, deterrence provides a rationale for punishing the offender. Hence, even when there is a settlement, the view of the offender and victim will not prevail since it is in the interest of the society that the offender should be punished to deter others from committing a similar crime.

Even in the Supreme Court decision of Gian Singh v. State of Punjab, (2012) 10 SCC 303 Court held that the settlement in cases where nature of offence is heinous /serious like murder, rape and dacoity, the criminal proceedings cannot be quashed even if they are settled by the accused and the victim, by invoking the jurisdiction of High Court under Section 482 CrPC.

In the present case, it is the case of the respondent 2 that she was deceived by petitioner and sexual relations were established on the pretext of false promise of marriage and she was, thus, subjected to emotional, physical, mental and sexual abuse and therefore applying the ratio laid down in the above-cited cases, offence committed by petitioner clearly falls under the category of heinous and serious one.

Thus, in Court’s opinion, the FIR and proceedings emanating therefrom cannot be quashed. [Ananda D.V. v. State, 2019 SCC OnLine Del 11163, decided on 14-11-2019]

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