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High Court of DelhiCRL.M.C./9511/2023

Pintoo@Pintu v. The State, Government Of National Capital Territory Of Delhi & ANR.

2024-05-07Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9511/2023, CRL.M.A. 35552/2023 PINTOO@PINTU ..... Petitioner Through:

Ms. Pallavi Vashisht, Advocate.

versus THE STATE, GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR.

..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Sheetal, P.S. Mangolpuri.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 07.05.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioner seeks quashing of FIR No. 1562/2014 registered under Sections 376/493 IPC at P.S. Mangolpuri 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 charge-sheet in the present FIR has been filed under Sections 376/493 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 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 13/05/2024 at 11:15:40

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 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 7, 2024 ga 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 13/05/2024 at 11:15:40