Subhash Chander vs State of Punjab

S.S. Nijjar, J.—This petition u/s 482 of the Code of Criminal Procedure has been filed seeking quashing of the FIR No. 111 dated 12.9.2000 registered at P.S. Mukerian under Sections 376/506 IPC.

The case has been registered against the petitioner on the statement of respondent No. 2. In the FIR, it is stated that the prosecutrix has two children. At about 1.00 P.M. she had gone to throw rubbish at the rubbish store. At that time. Subhash Chander, who is said to be a cousin brother of the husband, was present in the field. He called the prosecutrix to his side under the pretext that he has to give a message to her from her maternal uncle. When she went behind the bushes to get message, she was raped. Subsequently, however, the prosecutrix has retracted from the statement. She has filed an affidavit An-nexure P.2. It appears from Annexure P.2 that the matter has been compromised between the Parties on the intervention of the Panchavat. 3. Mr. Pheruman, relying on the judgment of the Supreme Court in the case of Mahesh Chand and another v. State of Punjab 1988(1) RCR 498 submits that it would be an exercise in futility to permit the trial to go on. He further submits that even though the offence is not compoundable. this Court has ample jurisdiction to quash the FIR in its extraordinary jurisdiction u/s 482 of the Code of Criminal Procedure. Learned counsel also relied on judgment in case of Mohinder Singh Khoslav. State of Union Territory of Chandigarh 1996(1) RCR 120.

I have considered the entire matter. Even if the matter is now permitted to go to Trial, the main prosecution witness would not support the case of the prosecution. In such circumstances, the accused would have to be acquitted. Furthermore, the parties have come to an amicable settlement and any misunderstanding that may have been between the parties, has been removed. In such circumstances, continuation of the criminal proceedings would only vitiate the atmosphere and strain the relations between the members of the family .

In view of the above, I am of the considered view that it would be in the interest of justice to put an end lo the criminal proceedings. In this view of the matter, the petition is allowed. FIR No. 111 dated 12.9.2000 registered at Police Station Mukerian under Sections 376/506 IPC and proceedings consequent thereto are hereby quashed. No costs.

A copy of the order may be given dasti.

Petition allowed.