"NOC Given By Complainant & Fact That She Turned Hostile Does Not Waive Off Offence Alleged": Delhi High Court Refuses To Quash Rape FIR
The Delhi High Court has refused to quash an FIR registered with the allegations of rape, observing that the NOC given by the complainant and the fact that she had turned hostile does not waive off the offence as alleged by the her. Justice Rajnish Bhatnagar added that by simply entering into a compromise, charges cannot be said to have been mitigated or that the allegations leveled by...
The Delhi High Court has refused to quash an FIR registered with the allegations of rape, observing that the NOC given by the complainant and the fact that she had turned hostile does not waive off the offence as alleged by the her.
Justice Rajnish Bhatnagar added that by simply entering into a compromise, charges cannot be said to have been mitigated or that the allegations leveled by the complainant regarding the alleged offence lost its gravity by any means.
"Act of rape is not an act against individual but this is an offence against the society," the Court said.
It added "In the present case, the petitioner is accused of offence under Section 376 IPC which is a heinous offence and the offence of rape not only destroys the personality of the victim but it also scars the mental psyche of the victim which remain embedded on the mind of the victim for years together. The charges of rape are of grave concern and cannot be treated in a casual manner."
The Court dismissed the petition seeking quashing of FIR registered under sec. 376 of Indian Penal
Code alleging that when the petitioner came to the house of Complainant, some disputes had arisen between them and due to her temperamental issues, the Complainant got the FIR registered against him.
The Court was of the view that the issue as to whether the High Courts, while exercising its jurisdiction under Section 482 Cr.P.C, should quash an offence under Section 376 IPC has come for consideration before the Supreme Court in a number of cases.
"The Supreme Court has, time and again, directed that the High Court should not exercise its jurisdiction under Section 482 Cr.P.C to quash an offence of rape on the ground that the parties have entered into a compromise," the Court noted.
Accordingly, in view of the settled position enumerated in various judgments, the Court said that the criminal proceedings emanating from FIR in question with the allegations of rape cannot be quashed on the basis of NOC given by the complainant and the fact that she has turned hostile does not waive off the offence as alleged by the complainant against the petitioner.
The plea was accordingly dismissed.
Case Title: V. P. SINGH @ VIJENDER PAL SINGH v. STATE AND ANR.
Citation: 2022 LiveLaw (Del) 286