Rahul vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the charge-sheet No.20/16 dated 10.02.2016

with entire criminal proceedings of Sessions Trial No.157 of 2016, titled as State Vs. Rahul, arising out of Case Crime No.163 of 2015 under Section

376 of the Indian Penal Code, 1860 registered at Police Station Pathri, District Haridwar, pending in the court of Additional District and Sessions

Judge, Haridwar.

Heard the learned counsel for the applicant, learned Brief Holder for the State of Uttarakhand/respondent Nos.1 and 2 and learned counsel for

respondent No.3.

Applicant-Rahul and respondent No.3-Vandana are also present in-person before the Court.

Respondent No.3 lodged an FIR on 02.11.2015 against the applicant with the allegations that the applicant-accused had committed sexual

intercourse with her and later refused to marry her. The said FIR was registered under Section 376 and 313 of the Indian Penal Code, 1860. After

investigation, a charge-sheet was filed against the applicant-accused for the offence punishable under Section 376 of IPC.

The applicant-accused and respondent No.3 filed a joint compounding application with their separate affidavits.

Both, the applicant and respondent No.3 submit before the Court that both the persons got married and they registered their marriage before the

Registrar, Compulsory Registration of Marriages, Laksar, Haridwar on 18.04.2018.

The learned Brief Holder appearing for the State of Uttarakhand submits that the State has no objection against the submissions of the applicant

and respondent No.3.

Heard, perused and gone through the record.

The respondent No.3-victim submits that she tied the knot with the applicant-accused and they are residing together happily. The respondent No.3-

victim has expressed her desire to close the proceedings against the applicant.

Cases of rape are not compoundable. The Hon’ble Apex Court in Parbatbhai Aahir @ Parbatbhai Vs. the State of Gujarat and another,

(2017)9 SCC 641, and State of Madhya Pradesh Vs. Laxmi Narayan and others, (2019)5 SCC 63 8observed that as a matter of principle, the

application for quashing the criminal proceedings should not be allowed in case of Section 376 IPC on the basis of compromise for the reason that the

offence under Section 376 of IPC is against the society.

In the case at hand, the applicant and the respondent No.3-victim had been in a consensual relationship at the time of the alleged incident of rape

and at the time of the said incident they were adult. The physical relationship between the applicant and the respondent No.3 was consensual and the

FIR was lodged when the applicant refused to marry with the victim. The acknowledged consensual physical relationship between the parties would

not constitute an offence under Section 376 of IPC. There is a clear distinction between rape and consensual physical relationship.

Now the victim and the applicant have got married, they registered their marriage before the competent Registrar and they are living happily.

The learned counsel for the applicant referred to judgments passed by the Coordinate Bench of this High Court in Criminal Misc. Application (C-

482) No.1901 of 2019 with Compounding Application No.2706 of 2019 and Criminal Misc. Application (C-482) No.1808 of 2019 with Compounding

Application (CRMA) No.2612 of 2019, titled as “Vineet Kumar alias Jintendra Kumar Vs. State of Uttarakhand and another†and “Vikas and

another Vs. State of Uttarakhand and another†dated 17.09.2019 and 25.09.2019 respectively, wherein cases under Section 376 of IPC have been

quashed in similar circumstances.

In the present case, the interest of the victim is also involved. Looking from the angle of welfare of the victim, who is now married to the applicant,

it would be just and proper to end the prosecution against the applicant.

Keeping in view the totality of facts and circumstances, this Court is of view that ends of justice would be met if, FIR No.61 of 2015/Case Crime

No.163 of 2015 under Section 376 of the Indian Penal Code, 1860 registered at Police Station Pathri, District Haridwar, along with entire subsequent

proceedings pending in the court of Additional District and Sessions Judge, Haridwar, are quashed.

Resultantly, the FIR No.61 of 2015/Case Crime No.163 of 2015 under Section 376 of the Indian Penal Code, 1860 registered at Police Station

Pathri, District Haridwar, along with entire subsequent proceedings pending in the court of Additional District and Sessions Judge, Haridwar, are

quashed. The application, filed under Section 482 of the Code of Criminal Procedure, 1973, stands disposed of accordingly.