Tarun Raheja v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4965/2018 TARUN RAHEJA ..... Petitioner Through Mr. Vishal Sharma & Mr. P C Patani, Advs versus STATE & ANR.

..... Respondents Through Ms. Neelam Sharma, APP for State SI Pawan Kumar, PS Kalkaji.

Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.10.2018 By this petition, petitioner has prayed for quashing of FIR No.97/2018 under Sections 376/328/506/377/354C IPC registered at Police Station Kalkaji on the complaint of respondent no. 2, on the ground that the petitioner and respondent no. 2 have compromised the matter. Learned APP has opposed the quashing of FIR on the basis of compromise between the accused and prosecutrix, and has placed reliance on Gian Singh vs. State of Punjab & Anr. 2010 (12) SCALE 461. In Gian Singh (supra), Supreme Court has observed thus: "However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime.

Heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. cannot be fittingly quashed even though the victim or victims family and the offender have settled the dispute."

Recently, Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur Vs.

The State Of Gujarat & Anr.

MANU/SC/1241/2017 has held as under :- "In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences;."

For the foregoing reason, I am not inclined to quash the FIR on the ground of settlement..

Petition is dismissed. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J OCTOBER 30, 2018 sm