Akhtar v. Government Of NCT Delhi And Another [CRL.M.C. 59/2021 & CRL.M.A. 278/2021 (Stay)]
A police complaint was filed against the petitioner u/s 419, 467, 471, 474, 376 354,506 read with Section 34 IPC and on the grounds of concealment of identity. According to the respondent, the petitioner revealed his name as Shiva and promised to marry the respondent.
On the promise of marriage, both the parties developed a physical relationship and later got married in the Arya Samaj Mandir where the petitioner revealed his name as Akhtar.To which the. petitioner filed a petition in front of the court u/s 482 CrPC to quash the above FIR on the ground that, “parties have amicably settled their dispute”.
To which the court observed that, “the offence of rape is an offence committed against the society at large” and thus the FIR registered above cannot be quashed on the basis that the parties have entered in a compromise.
Moreover, the court while refusing the quashing of FIR has focused on the various Supreme Court Judgments where the court has stated that “compromise between a rape accused and the victim is of no relevance while deciding the criminal cases”.
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