Delhi High Court · 2025-08-29
ALTAF vs STATE GOVT OF NCT OF DELHI
- Citation / case number
- CRL.M.C.-2363/2025 2025:DHC:7502
- Court
- Delhi High Court
- Petitioner
- ALTAF
- Respondent
- STATE GOVT OF NCT OF DELHI
Judgment text excerpt
$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29.08.2025 + CRL.M.C. 2363/2025 & CRL.M.A. 10629/2025 ALTAF .....Petitioner Through: Mr. Sandeep Kumar, Advocate. versus STATE GOVT OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Manjeet Arya, APP for State. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. Petitioner seeks quashing of case FIR No. 391/2024 of PS Sarita Vihar for offence under Section 137/65(1)/351 BNS and Section 6 of POSCO Act on the ground that the complainant de facto (respondent no.2) has compromised the disputes with the petitioner. 2. Learned APP accepts notice and strongly objects to this petition, disclosing that the petitioner/accused is a Proclaimed Offender as on date and that the prosecutrix was and continues to be a minor in age. 3. Learned counsel for petitioner contends that quashing the present proceedings would be in the interest of the prosecutrix, otherwise she would CRL.M.C.2363/2025 Page 1 of 3 pages Digitally signed by GIRISH KATHPALIA GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.08.29 17:19:31 -07'00' Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:29.08.2025 17:37:02 have to face stigma. I find this argument obnoxious, to say the least. The stigma has to be, not on the victim of the wrong, but on the perpetrator of the wrong. There has to be paradigm shift in societal mindset by attaching stigma to the accused and not to the girl who underwent the horrid suffering by way of rape. 4. Learned counsel for petitioner submits tha