Allegations Man Rendered Woman Unconscious And Blackmailed Her: Delhi HC Refuses To Quash Rape FIR Despite Settlement

In brief

The question

1. Whether the FIR and resulting proceedings alleging rape and administration of an intoxicating substance could be quashed under Section 528 BNSS on the basis of a settlement between the petitioner and the complainant.

The court held

The Court declined to quash FIR No. 305/2024 or the proceedings arising from it on the basis of the settlement and dismissed the petition.

01Facts

The petitioner sought to quash FIR No. 305/2024, registered under Sections 376 and 328 IPC, and the proceedings arising from it, relying on a settlement with the complainant.

p. 1 · ¶ 3

The FIR alleged that the petitioner gave the complainant a drugged cold drink, sexually assaulted her while she was unconscious, later blackmailed her using photographs and videos, and continued the physical relationship; it further alleged that he ended contact after she became pregnant and refused to abort.

p. 2 · ¶ 4

The Court noted that the complainant’s statement had been recorded and that she had supported the prosecution case.

p. 6 · ¶ 12

02Issues

i.1. Whether the FIR and resulting proceedings alleging rape and administration of an intoxicating substance could be quashed under Section 528 BNSS on the basis of a settlement between the petitioner and the complainant.

pp. 1–2 · ¶ 3–4 · p. 6 · ¶ 13

ii.2. Whether the serious nature of the alleged offences and the public interest in prosecution precluded quashing despite the settlement.

pp. 2–6 · ¶ 6–13

03Law Applied

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 482 CrPC, empowers the High Court to quash proceedings in appropriate cases, including in respect of non-compoundable offences; however, that power must be exercised with due regard to the nature and gravity of the offence.

p. 2 · ¶ 6

Under Gian Singh v. State of Punjab, (2012) 10 SCC 303, serious offences involving mental depravity, including rape, ordinarily cannot be quashed on settlement.

pp. 2–3 · ¶ 6

Narinder Singh v. State of Punjab, (2014) 6 SCC 466, recognises that public interest and deterrence may require prosecution of offences treated as crimes against society, notwithstanding a settlement.

p. 4 · ¶ 8

Daxaben v. State of Gujarat, (2022) 16 SCC 117, and Parbatbhai Aahir v. State of Gujarat, (2017) 9 SCC 641, likewise establish that heinous or serious offences, including rape, are not private disputes that may appropriately be terminated by compromise.

pp. 4–5 · ¶ 9–10

Provisions in the judgment · 5 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Code of Criminal Procedure, 1973 Section 482

Indian Penal Code, 1860 Section 376 Section 328 Section 307

04Reasoning

The Court treated the allegations as serious and materially different from a consensual relationship that later soured or a case involving an unfulfilled promise to marry.

p. 3 · ¶ 7

Applying the principles that rape allegations implicate societal interests and that a complainant cannot privately terminate prosecution of a grave, non-compoundable offence, the Court held that the settlement did not justify quashing.

pp. 3–5 · ¶ 7–11

The complainant’s recorded statement supporting the prosecution further weighed against granting the requested relief.

p. 6 · ¶ 12