The Delhi High Court, on Thursday, refused to accept a "settlement" entered between the abductor and the abductee, noting that the offences in the FIR were non-compoundable.
The Court was hearing an application filed under Section 438 of the Code of Criminal Procedure by the accused Mr. Wajid Khan, seeking anticipatory bail in an FIR filed against him under Sections 323 (voluntarily causing hurt), 365 (kidnapping or abducting), 342 (wrongful confinement) and 34 (common intention) of the Indian Penal Code, 1860.
The case concerned the abduction of a Government school teacher in September this year. As per the complaint, the Applicant, along with a few other people, forcibly pulled the complainant in a car and beat him up. The complainant, however, escaped successfully when the car stopped at a signal.
Mr. Khan had now contended that he was being falsely implicated in the case and that he has already settled the matter with the complainant.
The State, on the other hand, had contended that a compromise cannot be arrived at between the parties, as the offences against Mr. Khan were non-compoundable.
Agreeing with the State, Justice Sangita Dhingra Sehgal observed, "In the instant case, a call regarding kidnapping of a government teacher received at PCR and the complainant himself came to the police station to lodge the complaint against the petitioner and his medical examination conducted. As far as Memorandum of Understanding/settlement arrived at between the parties is concerned, it is pertinent to note that the allegations against the petitioner are non-compoundable offences."
The Court then refused to grant anticipatory bail to Mr. Khan, noting that the allegations leveled against him are of a serious nature and that the allegations were reiterated by eye-witnesses.