Pankaj v. The State Govt Of NCT Of Delhi & ANR

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2622/2017 PANKAJ ..... Petitioner Through:

Mr. K.K. Mehta, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through:

SI Sumitra Sharma, P.S.

Rajouri Garden.

Mr. T.A. Khan, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.11.2017 By this petition under Section 482 Cr.P.C., petitioner has prayed for quashing of FIR No. 279/2017 under Sections 328/366/376 IPC registered at police station Rajouri Garden in view of the settlement arrived at between the petitioner and respondent no.2.

In view of the law laid down in Gian Singh vs. State of Punjab & Anr. 2010 (12) SCALE 461 and recently in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur vs. The State of Gujarat & Anr. MANU/SC/1241/ 2017, wherein Supreme Court has held that cases relating to heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed by the High Court under Section 482 Cr.P.C. even 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.

Accordingly, I am not inclined to quash the present FIR on the ground of compromise having been arrived at between the accused (petitioner) and complainant (respondent no.2).

Petition is dismissed.

A.K. PATHAK, J.

NOVEMBER 17, 2017 ga