Title: Yojna Sharma v. State and Another.
Decided on September 6, 2023.
Cri.M.C.980/2023 and Cri.M.A. 3729/2023.
CORUM: HON’BLE JUSTICE RAJNISH BHATNAGAR.
Introduction
The Delhi High Court quashes the FIR and criminal proceeding in the recent case under which FIR were lodged against the petitioner under the charges of committing rape of a minor and doing criminal intimidation and sexual assault with minor although all the charges were non-compoundable. The Delhi High Court kept the view of that the High Court can assert the inherent power under section 482 of Cr.P.C. and can quash the FIRs and non-compoundable criminal proceedings, if it deemed necessary either to serve the end of justices or to prevent the misuse of court proceedings.
Facts of the case.
On dated 17.05.2022, an FIR registered on the complaint of respondent NO.2 against the petitioner wherein alleged that the petitioner in his home finding the prosecutrix alone, smashed her in sofa and developed physical relation with her and also threatened her not open up about this to any one, due to fear the respondent No.2, never tell anything to anyone. The respondent again called the respondent NO.2, in his home and developed physical relation with her. Thereafter it was found that respondent started vomiting, when she went to the hospital for the medical treatment, where the doctor confirmed that she was pregnant. Accordingly the investigation was taken up and the petitioner was arrested in the present FIR on dated 27.06.2022.
Courts analysis and decisions
In the trial court the petitioner got interim bail on dated 05.11.2022, on the ground that the petitioner and respondent No.2 expressed their desire to get married to each other. The present petition filed by petitioner under section 482 of Cr. P.C. read with article 227 of the Constitution of India for quashing the FIR No. 486/2022 under section 376/506 of IPC and Section 6 of POCSO Act registered at Police Station Sultanpuri, Delhi and all other proceedings initiated therefrom. The Delhi High Court observed that though in a heinous or serious crime like rape the court should not normally exercise the powers of quashing the criminal proceedings, in the peculiar facts and substances of the present case and in order to give succor to the respondent No.2 from the agony of two criminal trials, one as a victim and one as a accused, we find that this is a fit case where court can extend their power to quash the criminal proceeding. In the present case parties had arrived at a settlement and have married on dated 10.11.2022. Attention of this court drawn by the affidavit cum no objection certificate submitted by the respondent No.2 and stated that she has no objection in case the FIR is quashed. Petitioner’s prosecution and conviction will lead to pain and tears in the eyes of the family members of both the parties and future of two will be on stake, whereas, if the impugned is quashed, it would serve the end of justices and would bring the joy to both the families.
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Written by: Aamir Hussain.
