Prabal Anand v. State And Another

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3684/2023 PRABAL ANAND ..... Petitioner Through: Mr. D.K. Yati, Advocates versus STATE AND ANOTHER ..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with Sumedha

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 09.05.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioner seeks quashing of FIR No.872/2021 registered under Sections 376 IPC at P.S. Shalimar Bagh on the ground that the parties have amicably settled their dispute.

2.

Mr. Sabharwal, learned APP for the State has taken a preliminary objection to the maintainability of the present petition by contending that the present FIR relates to the offence under Sections 376 IPC and that the same cannot be quashed solely on the basis of settlement arrived at between the parties.

3.

The offence punishable under Section 376 IPC is not only a serious and heinous offence, but also one which has a serious impact upon the society and therefore, the same cannot be quashed solely because a settlement has been arrived at between the parties. Considering the aforesaid as well as taking note of the Supreme Court decisions in Gian Singh v. State The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2024 at 19:58:04

of Punjab & Anr. reported as (2012) 10 SCC 303 and Shimbhu & Anr. v. State of Haryana reported as (2014) 13 SCC 318, I find no ground to entertain the present petition and the same is dismissed alongwith miscellaneous application.

MANOJ KUMAR OHRI, J MAY 9, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2024 at 19:58:04