Sh. Pradeep Kumar & ANR. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4959/2018, CRL MA 33107/2018 SH. PRADEEP KUMAR & ANR.

..... Petitioners Through Dr. M K Gahlot with Mr. Utsav Pandey, Advs with petitioners in person versus STATE & ANR.

..... Respondents Through Ms. Manjeet Arya, APP for State SI Ranbir Singh, PS Nangloi Mr. Anil Bhardwaj & Ms. Narmada Singh, Advs for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.10.2018 By this petition under section 482 Cr.P.C., petitioners have prayed for quashing of FIR No.449/2016 under Sections 376/323/506 IPC registered at Police Station Nangloi on the complaint of respondent no. 2 in view of settlement arrived at between petitioners and respondent no. 2.

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 laid 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 grounds of compromise reached between the parties. Petition is dismissed. Miscellaneous application is disposed of as infructuous. A.K. PATHAK, J OCTOBER 12, 2018 sm