The Hon’ble Meghalaya High Court observed that even if it is assumed at this juncture that the survivor has forgiven the petitioners, there is nothing in law which can result in quashing of the proceeding on the basis of such forgiveness.
The Bench expounded that serious offences including rape cannot be settled or withdrawn on the basis of forgiveness granted by the survivor or on the basis of any understanding arrived at between the parties.
Brief Facts:
The present application has been filed to seek quashing of the FIR under Section 376D/34 of the Indian Penal Code, 1860.
Contentions of the Petitioners:
It was submitted that a letter was written by the survivor that she did not wish to proceed against the Accused.
Contentions of the Respondent:
It was argued that serious offence like murder, rape, dacoity etc. or other offence of mental depravity for offence of moral turpitude under the special statute, the allegation made cannot be withdrawn.
Observations of the Court:
It was observed that even if it is assumed at this juncture that the survivor has forgiven the petitioners, there is nothing in law which can result in quashing of the proceeding on the basis of such forgiveness.
The Bench expounded that serious offences including rape cannot be settled or withdrawn on the basis of forgiveness granted by the survivor or on the basis of any understanding arrived at between the parties.
The decision of the Court:
Based on aforementioned reasoning, the Court accordingly dismissed the petition.
Case Title: Shri. Tenzin Tsephel & Anr. v. The State of Meghalaya & Ors.
Case No.: Crl. Petn. No.39 of 2024
Coram: Hon’ble Mr. Justice B. Bhattacharjee
Advocate for Petitioner: Adv. Mr. N. Syngkon
Advocates for Respondent: Advs. Mr. N.D. Chullai, Mr. E. R. Chyne
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