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Judgment
The petitioners seek quashing of case FIR No. 378/2019 of Police Station Sarita Vihar for offence under Section 323/509/34 IPC and subsequently added Section 313/354/377/506/498A IPC on the ground that the respondent no. 2 (complainant de facto) has compromised the disputes with the petitioners.
Learned APP for State, assisted by IO/SI Pankaj Kumar, accepts notice and strongly objects to this petition, pointing out that in her statement under Section 164 CrPC, the present respondent no. 2 levelled allegations of serious sexual misconduct against petitioner no. 2 and apart from that also levelled allegations of offence under Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, which has been added as well as a forcible abortion of respondent no. 2.
Learned counsel for petitioners submits that since respondent no. 2 has agreed for this quashing and the marriage between respondent no. 2 and petitioner no. 1 stands dissolved, the present petition deserves to be allowed.
It is not disputed by learned counsel for petitioners that offences under Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act as well as for forcible abortion as alleged by respondent no. 2 in her statement under Section 164 CrPC has been added and chargesheet is soon to be filed.
The offence of sex determination and female foeticide are serious social offences. The allegations against the petitioners do not pertain to offences between two individuals. It is trite that where the offences alleged are heinous and are not of the nature of personal violations, the interest of justice do not warrant quashing of such cases.
Therefore, I do not find it a fit case to quash the impugned FIR. The petition and the accompany application are dismissed.