Sudhir vs U.T. Chandigarh and another

This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 123 dated 05.08.2016, registered

under Section 376 of Indian Penal Code at Police Station Maloya, U.T., Chandigarh (Annexure P-1) and all subsequent proceedings arising therefrom

in view of the compromise dated 15.01.2018 (Annexure P-2) entered into between the parties.

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 was studying in 12th Class in a school situated in Chandigarh. On 21.05.2016, one Sudhir son of Chander Pal took her to his house on

his motorcycle on the pretext that he wanted her to meet his family members for the purpose of their marriage. On reaching the house of the

petitioner, he served her water and on drinking the same, she became unconscious. When she regained conscious, she found herself nude and all alone

in the room as the petitioner had established physical relation with her. It was on this background that the present 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 parties have performed marriage on 26.08.2016 and residing together as husband and wife happily.

By an order dated 22.01.2018, 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 Additional Sessions Judge-cum-Special Judge, Chandigarh. In pursuance of the

direction, a report has been received from the trial Court to the effect 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.

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 is 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 non-compoundable 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.â€​

Even in a judgment rendered by the Hon'ble Supreme Court in Madan Mohan Abbot vs State Of Punjab, 2008 (4) SCC 582, it has been held that it

is advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise

even in criminal proceedings. Relevant paragraph of the said judgment is reproduced herein below :-

“5. It is on the basis of this compromise that the application was filed in the High Court for quashing of proceedings which has been dismissed by

the impugned order. We notice from a reading of the FIR and the other documents on record that the dispute was purely a personal one between two

contesting parties and that it arose out of extensive business dealings between them and that there was absolutely no public policy involved in the

nature of the allegations made against the accused. We are, therefore, of the opinion that no useful purpose would be served in continuing with the

proceedings in the light of the compromise and also in the light of the fact that the complainant has, on 11th January 2004, passed away and the

possibility of a conviction being recorded has thus to be ruled out.

We need to emphasize that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should

ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the

prosecution is a luxury which the Courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilized in deciding more

effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the

law.â€​

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 parties have performed marriage and residing together happily and it would

be in their interest if the FIR is quashed.

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. 123 dated 05.08.2016, registered under Section 376 of Indian Penal Code at Police Station Maloya, U.T., Chandigarh

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