Offence Of Rape Not Waived: Delhi HC Refuses To Quash FIR Against Govt Servant Following Settlement & Marriage With Victim

The Delhi High Court has refused to quash an FIR against a Government Servant containing allegations of rape, observing that such an FIR cannot be quashed on the basis of settlement between parties and their subsequent marriage as it does not waive off the offence alleged.

Reiterating that the act of rape is not an act against individual but is an offence against the society, Justice Rajnish Bhatnagar was of the view thus:

"In the present case, the petitioner is a Government Servant, working as Superintendent with Customs & CGST department, Govt. of India, holding a Gazetted post. So being a Government Servant, he is expected to maintain high moral rectitude and decent standard of conduct in his personal/private life and not bring discredit to his service by his misdemeanours."

It added, "In fact a Government servant has all the more responsibility as far as his conduct is concerned towards the society. 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 was dealing with a plea seeking to quash an FIR registered under sec. 376, 323 and 506 of IPC. The complainant had told the police that she had a scuffle with her male friend, the petitioner, and that he had tried to assault her.

Later, it was disclosed by her regarding act of sexual assault having been committed upon her by the petitioner when she had gone to talk to him regarding their marriage.

Furthermore, the complainant stated that she came in contact with petitioner through Jeevansathi.com wherein he requested for her mobile number. The Petitioner then told her that he was aged about 32 years and was unmarried and an officer in Customs. He however concealed the fact regarding his first love marriage and that his first wife committed suicide for which case was going on in the Court.

Later, the petitioner put vermilion on complainant and said that they were husband and wife but he did not let her meet his family. In her complaint, the complainant further alleged that thereafter the petitioner raped her in car after which the complainant again lodged a complaint against him. 

Thereafter, when the petitioner came to the police station and again made a promise to marry the complainant, she withdrew her complaint.

The Court took note of the fact that while both the parties had compromised the matter amicably and the complainant had also filed an affidavit on record stating that they married each other and has no objection if the FIR was quashed, it was observed 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.

"In view of the settled position enumerated in Gian Singh's case (supra) and other cases referred to hereinabove, the criminal proceedings emanating from FIR No. 219/2021 registered at Police Station Patparganj Industrial Area, with the allegations of rape cannot be quashed in exercise of powers vested in this Court under Section 482 Cr.P.C. on the basis of settlement between the complainant (Respondent No. 2) and the petitioner and their subsequent marriage as the same does not waive off the offence as alleged by the complainant against the petitioner," the Court ordered.

Accordingly the petition was dismissed.

Case Title: SWATANTRA KUMAR JAYSAWAL v. STATE & ANR.

Citation: 2022 LiveLaw (Del) 14

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