Code of Criminal Procedure, 1973 – s.482 – Quashing of proceedings involving serious offences including s.376, IPC on the ground of settlement between the parties – Permissibility: Held: Ordinarily, quashing of proceedings involving grave and heinous offences like s.376, IPC on the ground of settlement between the parties is discouraged and should not be permitted lightly – However, the power of the Court u/s.482 CrPC is not constrained by a rigid formula and must be exercised with reference to the facts of each case – In the present matter, the FIR invoking serious charges, including s.376, IPC, was filed immediately following an earlier FIR lodged by the opposing side – Thus, the second FIR may have been reactionary – More importantly, the complainant in the second FIR has unequivocally expressed her desire not to pursue the case stating that she is now married, settled in her personal life, and continuing with the criminal proceedings would only disturb her peace and stability – Parties have amicably resolved their differences and arrived at a mutual understanding – In the peculiar facts and circumstances of the case, the continuation of the criminal proceedings would amount to abuse of process – Impugned order of High Court set aside – FIRs along with all proceedings, quashed – Penal Code, 1860 – ss.324, 141, 143, 147, 149, 452, 323, 504, 506; ss.376, 354-A, 354-D, 509, 506. [Paras 6-9]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.