HIGH COURT OF DELHI
Rakesh Yadav & Ors………….Petitioners
Vs.
State of NCT of Delhi & Anr………….Respondents
Ms. Swarana Kanta Sharma, J.
Decided on : 01/07/2024
Indian Penal Code, 1860
Sections 376, 377, 323, 509, 34 & 380—Rape—Petition to quash FIR on ground of compromise—Fact that the FIR itself reveals serious allegations against first petitioner and his family members, including consistent threats to the prosecutrix to prevent her from lodging a complaint—MoU entered into by the parties is not the result of a resolution of misunderstanding through family intervention but rather an exchange of money amounting to rupees twelve lakhs, intended to secure the quashing of FIR—Criminal cases involving allegations of sexual violence cannot be quashed on the basis of monetary payments, as doing so would imply that justice is for sale—True justice and ends of justice will be served not by quashing the FIR without a trial, but by conducting a trial to fairly ascertain the real culprit, whether it be the accused or the complainant—Neither accused nor complainant can be allowed to manipulate the criminal justice system or misuse State and judicial resources to serve their own ends—Even if the parties have reached a compromise, they cannot demand the quashing of an FIR as a matter of right—Petition dismissed.
Vanya Bajaj Advocate
