Gurpreet Singh vs State of Punjab and another

This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 89 dated 16.08.2017,

registered under Section 376 of the Indian Penal Code at Women Police Station, District Patiala (Annexure P-1) and all subsequent proceedings

arising therefrom in view of the Panchayati compromise dated 22.06.2016 (Annexure P-2) as well as affidavit dated 19.09.2017 (Annexure P-3).

In brief, the facts of the case are that the aforesaid FIR came to be registered at the behest of the complainant/respondent No. 2 in which it was

stated that she is an illiterate girl and belongs to a poor family. It was alleged that Gurpreet Singh son of Dial Singh, the petitioner herein, had been

committing rape upon her for last two years on the pretext that he would marry her, however, now he had refused to do so. It was on this

background that the aforesaid FIR was registered. However, now with the intervention of respectable persons, the dispute has been amicably

settled between the parties and they have entered into a compromise. In fact, the petitioner has now solemnized marriage with the prosecutrix and

they residing together happily.

By an order dated 17.11.2017, the parties were directed to appear before the trial Court so that their statement could be recorded regarding

the genuineness of the compromise. The parties appeared before the JMIC at Patiala. In pursuance of the direction, a report has been received

from JMIC at Patiala, stating that the compromise arrived at between the parties is without any pressure or coercion from any one and the same

appears to be genuine one. It is also reported that no PO proceeding is pending against either of the parties.

In normal circumstances, this Court would not entertain a matter when the non compoundable offences are heinous and serious in nature. In the

instant case, the offence complained of includes an offence punishable under Section 376 IPC which is an offence of grave nature. This Court is

aware of the fact that time and again it has been held that an offence under Section 376 IPC is a grievous offence and considered as an offence

against the society at large and thus, such matters should not be compromised. In the eyes of law, the offence of rape is serious and

noncompoundable and the Courts should not in ordinary circumstances interfere and quash the FIR that has been registered.

In a judgment rendered by the Hon''ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, 2014(6) SCC 466, the

Hon''ble Apex Court has laid down certain principles and guidelines which should be kept in mind while quashing of FIRs pertaining to

noncompoundable offence. For ready reference paragraphs No. 29.2 and 29.5 are reproduced as under :-

29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in

such cases would be to secure :

(i) ends of justice, or

(ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two

objectives.

29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of

criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal

case.

In the judgment rendered in Gian Singh vs State of Punjab & Anr, reported as 2012(10) SCC 303 the basic principle of law as laid down is

that where offences are purely private in nature and do not concern public policy, the power to quash proceedings involving non-compoundable

offences on the basis of compromise can be exercised.

Therefore, while relying upon the ratios of the aforesaid judgments, this Court is of the view that the compromise which has been entered into for

quashing of an offence under Section 376 IPC on the basis of the compromise should be accepted. As has been held in Narinder Singh & Ors.

case (supra) those cases where a settlement is arrived at immediately after the alleged commission of the offence, the High Court may be liberal in

accepting the settlement to quash the criminal proceedings. Moreover, the petitioner has now solemnized marriage with the prosecutrix and they

are said to be residing together happily.

Consequently, keeping in view the peculiar facts and circumstances of the present case and in view of the above ratios of law, this petition is

allowed and the FIR No. 89 dated 16.08.2017, registered under Section 376 of the Indian Penal Code at Women Police Station, District Patiala

(Annexure P-1) and all subsequent proceedings arising out of the same are quashed qua the petitioner herein.