JITENDER SINGH Vs. STATE

JUDGEMENT

(1.) The Petitioner Jitender Singh is brother-in-law of RespondentNo.2 (who is the Complainant) against whom FIR No.394/2014 under Section 376 (2)(f) IPC has been registered at PS Prashant Vihar.

(2.) The quashing of FIR No.394/2014, PS Prashant Vihar has been sought mainly on the ground that the Respondentno.2 has entered into a settlement with the Petitioner. An affidavit to this effect has also been filed by the RespondentNo.2. Learned Senior Counsel for the Petitioner submitted that in view of the settlement, no purpose would be served by making the Petitioner to undergo the harassment and agony of trial when the Respondentno.2 is left with no grievance against the Petitioner. Thus, to meet the ends of justice, the FIR may be quashed.

(3.) Before dealing with the contentions by learned Senior Counsel for the Petitioner and whether in view of the alleged settlement entered into by the RespondentNo.2, the FIR can be quashed by this Court in exercise of its power under Article 226 of the Constitution of India or under Section 482 CrPC, it is necessary to have a brief look at the FIR and also various developments thereafter.