Rajnish Bhatnagar JUDGMENT
Rajnish Bhatnagar, J.
1. The present petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 for quashing and cancelling the FIR No. 1199/2021 under Section 376 IPC registered at P.S. Mahendra Park and all the proceedings thereof.
2. Briefly stated, the facts of the case are that on 16.09.2021, when petitioner came to the house of Complainant/Respondent No. 2 some disputes arose between them and due to her temperamental issues, the Complainant/Respondent No. 2 reached the police station and got registered the present FIR bearing No. 1199/2021 against the Petitioner.
3. I have heard the learned counsel for the petitioner, learned counsel for the complainant (respondent No. 2), learned ASC for the State and perused the records of this case.
4. It is submitted by the learned counsel for the petitioner as well as counsel for the respondent No. 2 that the complainant herself has turned hostile and does not want to pursue the present FIR. It is further submitted that the complainant has given her statement under Section 164 Cr.P.C. wherein she stated that the physical relations established between them were consensual. It is further submitted that the learned Trial Court has granted the regular bail to the petitioner on the basis of statement under Section 164 Cr.P.C. of the complainant. It is further submitted that no grievance of the complainant remains against the Petitioner and she has given her NOC stating that she does not want to pursue the matter against the petitioner thus, no useful purpose would be served by continuing with the present case.
5. On the other hand, learned ASC for the State submitted that the allegations against the petitioner are grave and serious in nature. He further submitted that no doubt, the complainant has given NOC stating that she does not want to pursue the matter against the petitioner but the offence under Section 376 IPC, is a very serious offence, rather it is an offence against the society and the offender cannot be allowed to be let off in the garb of said NOC. He further submitted that the FIR may not be quashed in the instant case on the basis of the fact that complainant has turned hostile.
6. In the present case, the petitioner is accused of offence under Section 376 IPC which is a heinous offence and the offence of rape not only destroys the personality of the victim but it also scars the mental psyche of the victim which remain embedded on the mind of the victim for years together. The charges of rape are of grave concern and cannot be treated in a casual manner.
7. The issue as to whether the High Courts, while exercising its jurisdiction under Section