W.P.(CRL)/735/2016 of SHUBHAM GUPTA Vs THE STATE ( GOVT NCT OF DELHI ) & ANR

Court: Delhi High Court
Decision date: 2016-08-29
Case number: 34 of 2016

Parties

Represented by: Mr. Chirag Madan, Mr. Tushar Sharma, Advs (PETITIONER)
THE STATE ( GOVT NCT OF DELHI ) & ANR (RESPONDENT)

Cites (1 resolved of 2 detected)

TEST.CAS./31/2003 of MOHINDER SINGH Vs THE STATE AC+ (2017)

Statutes cited (1)

indian penal code, 376 (1860)

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IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(CRL) 735/2016 SHUBHAM GUPTA SHUBHAM GUPTA

..... Petitioner

Represented by: Mr. Chirag Madan, Mr. Tushar Sharma, Advs.

versus

THE STATE ( GOVT NCT OF DELHI ) & ANR

..... Respondent

Represented by: Mr. Rajesh Mahajan, ASC with SI Nitin PS Hauz Qasi.

CORAM:HON'BLE MS. JUSTICE MUKTA GUPTA

O R R29.08.2016

The petitioner seeks quashing of FIR No.34/2016 under Section 376 IPC registered at PS Hauz Qasi on the complaint of respondent No.2 on the ground that parties have since married and have settled the matter.

The offence under Section 376 IPC being serious offence in view of the decision of the Supreme Court in Gian Singh Vs. State of Punjab & Anr. (2012) 10 SCC 303, the above-noted FIR cannot be quashed on the basis of compromise.

Petition is dismissed.

AUGUST 29, 2016 ‘ga’

MUKTA GUPTA, J.