Munesh & ORS v. The State & ANR

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2562/2017 MUNESH & ORS ..... Petitioners Through:

Mr. Mahesh Kumar Gautam, Adv.

along with petitioners in person.

versus THE STATE & ANR ..... Respondents Through:

Ms. Manjeet Arya, APP for State with W/ASI Jyoti, P.S. Rajouri Garden.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.07.2017 Petitioners have prayed for the quashing of FIR no. 574/2016 under Sections 323/376D/377/506/109/34 IPC registered at police station Rajouri Garden. In Gian Singh vs. State of Punjab & Anr. 2010(12) SCALE 461, 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." Keeping in mind the nature and gravity of the offence, I am not inclined to quash the FIR. Petition is dismissed. Miscellaneous application

is disposed of as infructuous.

A.K. PATHAK, J.

JULY 11, 2017 ga