2014 ALL MR (Cri) 2889
IN THE HIGH COURT OF JUDICATURE AT BOMBAY (NAGPUR BENCH)
A.B. CHAUDHARI AND Z. A. HAQ, JJ.
Rahulsingh s/o. Balbirsingh Sengar Vs. State of Maharashtra & Anr.
Criminal Application (Apl) No.625 of 2013
19th November, 2013
Petitioner Counsel: Mr. P.S. TIWARI
Respondent Counsel: Mr. S.B. AHIRKAR, Ms. R.R. INAMDAR
Criminal P.C. (1973), S.482 - Penal Code (1860), Ss.376, 417 - Quashing of FIR - Amicable settlement in respect of offence of rape - Ordinarily not permissible - However, in peculiar facts of case wherein parties stated on oath that there was love affair between them and parties intended to marry - Due to some misunderstanding and in heat of moment, FIR was filed - Parties have settled the matter, married and living together - In view of peculiar facts, held, continuation of prosecution would serve no purpose - FIR quashed. (Paras 4, 5)
Cases Cited:
Gian Singh Vs. State of Punjab and another, 2013 ALL SCR 171=2012 (10) SCC 303 [Para 4]
JUDGMENT
Z. A. HAQ, J. :- Heard Mr. Tiwari, learned Advocate for the applicant, Mr. Ahirkar, learned Additional Public Prosecutor for respondent no.1 and Ms. Inamdar, learned Advocate for respondent no.2.
2. Rule. Rule returnable forthwith.
3. The applicant has filed this application under Section 482 of the Code of Criminal Procedure for quashing First Information Report registered against him for the offences punishable under Sections 376(2) (n) and 417 of the Indian Penal Code. The case of the applicant and non-applicant no.2 now is that they have amicably settled the matter and they have married and are living together and in view of this, non-applicant no. 2 does not want to prosecute her complaint further. Non-applicant no.2 has filed an affidavit before this Court accordingly.
4. We are conscious that the Hon'ble Supreme Court in the judgment reported in 2012 (10) SCC 303 : [2013 ALL SCR 171] (Gian Singh Vs. State of Punjab and another) has laid down the guidelines for exercising the jurisdiction under Section 482 of the Code of Criminal Procedure for quashing criminal proceedings involving non-compoundable offences and has laid down that in the cases of heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc., the jurisdiction under Section 482 of the Code of Criminal Procedure cannot be used to quash the prosecution even though the victim or victims family and the offender have settled the dispute. However, in view of the peculiar facts of the present case, we are inclined to exercise jurisdiction under Section 482 of the Code of Criminal Procedure. The applicant and non-applicant no.2 have stated on oath that there was a love affair between them since January 2013 and it was known to the family members of the applicant and non-applicant no.2 also and they were intending to marry. It is the case of the applicant that in the month of October 2013 due to misunderstanding and due to differences of opinion, quarrel had taken place between them and in the heat of moment, non-applicant no.2 had filed First Information Report against the applicant. It is the case of the applicant that the applicant and non-applicant no.2 have stated on oath that they have got married on 23rd October 2013 and are living together. The applicant and non-applicant no.2 are present in the Court and are identified by respective lawyers and they have reiterated the facts as stated in the affidavit.
5. The applicant and non-applicant no.2 both are aged about 21 years and are major and able to understand the things. In view of these peculiar facts, we are of the view that no purpose will be served by continuing the prosecution of the applicant on the basis of the First Information Report filed by non-applicant no.2. Therefore, the application is allowed. Rule is made absolute in terms of prayer clause (i). First Information Report bearing No. 300/2013 filed by non-applicant no.2 registered by Ambazari Police Station on 18th October 2013 against the applicant is quashed. In the circumstances, the parties to bear their own costs.