FIR OF A HEINOUS CRIME SUCH AS RAPE CANNOT BE QUASHED - DELHI HC

1st April 2021

Recently, the Delhi HC was dealing with the quashing of an application filed under charges against the petitioner accused of offences under POCSO.

BACKGROUND

An FIR was reported against Danish Sharma u/s 354, 354 D, 596, 509, 34 of IPC and sec 10 of POCSO. Danish allegedly went to the prosecutrix (distant relative) house searching for a job and later started doing small household work for the family. He started harassing the prosecutrix and was expelled by the family when they got to know about it. After some time, the Prosecutrix and her family went to Jalandhar to attend a wedding where she met Danish and two other nephews. The Nephews started threatening her to accept their friendship, and if in case she denies it, they will leak her nude pictures. Accordingly, an FIR was lodged against the petitioners.

DECISION

The Court dismissed the petition stating that "Under Section 482 of the Code, the High Court has the power to quash even in those offences which are not compoundable, where the parties have settled the matter between themselves, but the power has to be - exercised fairly and with caution. The offence of rape is a heinous crime punishable under Section 376 IPC."

Author: Papiha Ghoshal