Delhi HC Directs Man To Serve Good Quality Burgers To Children In Two Orphanages As Condition To Quash Rape Case
The Delhi High Court has agreed to quash the FIR registered against a man under Section 376 of the Indian Penal Code on the condition that the accused shall serve hygienic and good-quality burgers to the children in two orphanages.
The Single Bench of Justice Jasmeet Singh was dealing with a petition seeking quashing of FIR under Sections 354-D/376/506 IPC.
Advocate Shashi Shanker and Advocate Saksham Yadav appeared for the Petitioner-accused whereas Additional Public Prosecutor Aashneet Singh appeared for the State. Advocate Kamran Malik had appeared for the prosecutrix.
It was stated that the parties had arrived at a settlement before the Mediation Centre, Saket Courts, New Delhi and the quashing petition was based on the said mediation settlement.
Both the parties stated that they entered into the aforesaid settlement of their own will, volition and without any threat, force or coercion. It was stated by the prosecutrix that she had no objection if the FIR is quashed.
The Court observed that "The allegations in the FIR are under Section 354-D/376/506 IPC and I would be reluctant to quash these charges. My attention has been drawn to a judgment passed in "Prashant Bharti v. State (NCT of Delhi)", (2013) 9 SCC 293 in Criminal Appeal No. 175/2013 dated 23.01.2013 wherein the Hon‟ble Supreme Court has indicated that once the prosecutrix herself states that the FIR should be quashed under Section 376 IPC, the High Court in 482 Cr.P.C should ask whether proceedings with trial would result in an abuse of process of Court and whether it would serve ends of justice."
The Court noted that in the present case the prosecutrix was married to the petitioner and, thereafter, had temperamental differences due to which they decided to part ways.
The Court further noted that the prosecutrix made the statement that she wants to put quietus to the matter without any pressure, coercion and out of her own free will.
Therefore, the Court held that the allegations under Section 376 IPC can be quashed.
However, the Court observed that considerable time of the police has been wasted in the investigation, which could have been utilized for important matters. Therefore, the Court directed that the petitioner must do some social good for the society.
In view of this the Court held thus "In this view of the matter and for the reasons stated above, FIR No. 447/2020 dated 28.11.2020, under Sections 354-D/376/506 IPC, registered at Police Station-Sarita Vihar, Delhi is hereby quashed, subject to the following conditions: a) The petitioner shall serve hygienic and good quality burgers to the children in two orphanages at Noida and Mayur Vihar, identified by the learned APP, on or around Dussehra following all Covid protocols. b) The I.O. concerned shall ensure that the meal is well-made and has been cooked in a safe and clean environment, following Covid protocols."
Cause Title- Salman Rahman v. State Govt. of NCT of Delhi & Anr.