MONU ALIAS HUSANPAL vs STATE OF UTTARAKHAND AND ANOTHER

Present criminal misc. application under section 482 has been filed by the applicant with the prayer to quash and set aside the charge sheet dated

23.12.2017 being FIR dated 29.10.2017 in Case Crime No.487 of 2017 for the offence under Sections 376 & 313 of IPC at Police Station Kotwali

Laksar, District Haridwar on the ground that dispute has amicable been settled between the parties and the offence has been compounded. Alongwith

the criminal misc. application, compounding application has been filed. In support of compounding application, compromise affidavits have been filed

by the applicantMonu @ Husanpal and respondent no.2-Komal. In the compounding application, it is stated that applicant and respondent no.2 have

entered into compromise and settled their dispute. A supplementary affidavit has also been filed by respondent no.2 in which she has stated that she

was the consenting party to the applicant in making physical relationship and now they (applicant and respondent no.2) are happily living as husband

and wife. It is also submitted that the FIR was lodged under pressure. It is also stated in the affidavit that she is having child of applicant and she has

pregnancy of 8 months. Therefore, the matter between respondent no.2 and the applicant has been settled amicably and the respondent no.2 does not

wish to carry the criminal litigation against the applicant.

It is prayed that the entire proceedings of Case Crime No.487 of 2017 under Section 376 & 313 of IPC at Police Station Kotwali Laksar, District

Haridwar may be quashed.

Parties are present in the Court today. They are duly identified by their respective counsel. They admit the compromise.Â

In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC

303 as well as in Transfer Petition (Criminal) No.115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal

proceedings can be quashed by this Court, if Court is satisfied that matter has been settled between the parties amicably and parties are interested to

restore peace and harmony between them.Â

Though, in normal course offence under Section 376 IPC cannot be compounded but considering the facts mentioned in the affidavit of respondent

no.2 and also considering the submissions of learned counsel for the parties, and after going through the entire material Disposed Offavailable on

record, I am satisfied that the matter has been settled between the parties amicably. Therefore, the criminal misc. application deserves to be

allowed.Â

Accordingly, the criminal misc. application filed under section 482 is allowed. Entire proceedings of Criminal Case No.487 of 2017 for the offences

punishable under Sections 376 & 313 of IPC at Police Station Kotwali Laksar, District Haridwar, so far same relate to the applicant, are hereby

quashed.

Compounding application is, accordingly, disposed of.Â