21 February 2024 Rape >> Criminal Law  

Delhi High Court recently quashed First Information Report (FIR) alleging rape and criminal intimidation, in a judgement highlighting the court's discretion in exceptional circumstances. The judgment delivered by Hon'ble Mr. Justice Rajnish Bhatnagar involved a writ petition filed by the petitioner Mohit seeking to quash an FIR No. 194/2023 registered under Sections 376/506 IPC at Police Station Mukherji Nagar, District North West, Delhi. The FIR alleged that the Petitioner had committed rape on the complainant under the pretext of promising to marry her. The Complainant had further alleged that she became pregnant after the incident.

The Petitioner contended that the dispute between the parties had been amicably settled through mediation by common friends and elders of the society. The Petitioner argued that the settlement had been reached voluntarily and without any coercion or pressure.

The court, while considering the relevant precedents, noted that in such circumstances, the power to quash an FIR under Section 482 of the CrPC should be exercised sparingly and with caution. The court observed that the FIR alleged offences that were not compoundable under the law.

The court went on to examine the nature of the offences for which the FIR was lodged. The court noted that Section 376 of the IPC deals with the offence of rape, which is a serious offence against society. The court observed that such offences are not private in nature and have a serious impact on society. Keeping this in mind, the court concluded that the FIR could not be quashed merely on the basis of the settlement arrived at between the parties.

However, the court also acknowledged that there are exceptions where the High Court can quash an FIR even when the offence is not compoundable. The court observed that such exceptions are made when the offences are overwhelmingly and predominantly civil in character, or when the continuation of the criminal proceedings would cause great oppression and prejudice to the accused.

The court then proceeded to analyze the facts of the case before it. The court noted that the settlement between the parties had been reached at a relatively early stage in the proceedings, before the commencement of the trial. The court also observed that the quashing of the FIR would bring an end to the litigation and would help restore harmony between the parties.

In light of these factors, the court concluded that the exceptional circumstances warranted the exercise of its power under Section 482 CrPC. Consequently, the court allowed the Writ Petition and quashed the FIR.