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9-'u rN THE HrcH couRT oF DELHT AT NEW DELHI
+ CRL.M.C.3535/2010
KARAN ..... Petitioner
Through: Mr. D.D. Sharma, Advocate
VCTSUS
STATE & ANR ..... Respondent
Through: Mr. Sunil Sharma, APP for State
+ CRL.M.C.3535/2010
KARAN ..... Petitioner
Through: Mr. D.D. Sharma, Advocate
VCTSUS
STATE & ANR ..... Respondent
Through: Mr. Sunil Sharma, APP for State
CORAM:
JUSTICE SHIV NARAYAN DHINGRA a oRpER
% 15.11.2010
This petition has been preferred by the petitioner for quashing of FIR registered under Section 376 IPC on the ground that the complainant under mistaken belief filed this FIR against the accused.
I consider that an offence under Section 376 IPC being punishable with minimum sentence of 7 years cannot be looked into so lightly and the prosecutrix cannot be allowed to turn around and say that she made a false statement and that now she has compromised the matter. lf a prosecutrix makes false statement of an offence punishable with minimum period of 7 years imprisonment, she must be made to face the consequence of registering a false FIR against an innocent t person. The Court cannot allow quashing of such FIR when neither the prosecutrix is being punished for making false statement nor the accused is brought to book for offence of rape. l
I find no force in this petition. The petition is hereby dismissed. I
,A
MA
N.'EMBER 1s,2010 sHlv NARAveru ofriil6nn"l rd
2010:DHC:9958
% 15.11.2010
This petition has been preferred by the petitioner for quashing of FIR registered under Section 376 IPC on the ground that the complainant under mistaken belief filed this FIR against the accused.
I consider that an offence under Section 376 IPC being punishable with minimum sentence of 7 years cannot be looked into so lightly and the prosecutrix cannot be allowed to turn around and say that she made a false statement and that now she has compromised the matter. lf a prosecutrix makes false statement of an offence punishable with minimum period of 7 years imprisonment, she must be made to face the consequence of registering a false FIR against an innocent t person. The Court cannot allow quashing of such FIR when neither the prosecutrix is being punished for making false statement nor the accused is brought to book for offence of rape. l
I find no force in this petition. The petition is hereby dismissed. I
,A
MA
N.'EMBER 1s,2010 sHlv NARAveru ofriil6nn"l rd
2010:DHC:9958
JUDGMENT