In the case of Jaskaran Singh Arora v State, NCT of Delhi and Anr., Justice Suresh Kumar Kait, the court decided not to take any action against respondent 2 and referred to a similar case of Danish Ali v. State and Anr. in Crl. M.C. 1727/2019, for false complaint under section 376 of IPC.
Brief Facts
The Petitioner and Respondent 2 were engaged and got married. Respondent 2 made a complaint against petitioner which culminated into an FIR for the offence punishable under section 376 IPC. The Petitioner filed the present petition and seeks direction for quashing of the said FIR.
Submissions Before the Court
Respondent 2 submitted that since family members of parties had disputes and were not happy for marriage, after which the petitioner made a false complaint which culminated into an FIR. The petition filed was on the grounds that the matter was settled between the parties vide MoU so the petition was filed seeking direction for quashing of the said FIR.
Court’s Decision
The Court referred to the SC decision, in the matter of Parbat Bhai Aahir and Ors. vs. State of Gujrat & Ors. (AIR 2017 SC 4843), FIR should not be quashed in case of a heinous offence, but when the complainant wants to solve the issue, there is no point in taking forward the trial.
The court observed that what complainant in this petition did is punishable under law, court was of view that as the petitioner and respondent no. 2 are happy and living together, court decided not to take any action against respondent no.2 by referring to a similar case of Danish Ali v. State and Anr. in Crl. M.C. 1727/2019. Accordingly, the FIR was quashed and the petition was allowed and disposed of.
Click here to view the original judgment
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