Mahendra Son Of Ramkesh vs State Of Rajasthan
2022 Latest Caselaw 5987 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 7598/2022

Mahendra Son Of Ramkesh, Resident Of Chhoti Jhanpda, Police
Station Lalsot, District Dausa (Raj). ( At Present Cofined In
District Jail Sawai Madhopur ).
                                                                      ----Petitioner
                                      Versus
1.     State Of Rajasthan, Through The P.p.
2.     Sawalram Son Of Hetiram, Resident Of Jetpura, Police
       Station Banli, District Sawai Madhopur (Raj).
3.     Victim D/o Sawal Ram Meena, R/o Jetpura, Police Station
       Banli, District Sawai Madhopur (Raj.)
                                                                   ----Respondents

For Petitioner(s) : Mr. Anil Kumar Upman Mr. Kailash Chand Meena For Respondent(s) : Mr. Prashant Sharma, PP Mr. Shashank Pancholi

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

29/08/2022 The instant petition has been filed for quashing of FIR No.

206/2021 registered with police station Sawaimadhopur for the

offences punishable under Sections 363, 376 IPC and Section 3/4

of POCSO Act.

The prayer is on the ground that the parties have entered

into a compromise. A written compromise dated 22.08.2022 is on

the record.

According to FIR, minor daughter of the informant had gone

to attend the call of nature on 17.07.2021, thereafter the

informant learnt that she was kidnapped by the

(2 of 3) [CRLMP-7598/2022]

accused/petitioner. Four to five persons reached at the house of

accused, they wanted to bring the victim, however the accused

persons were bent upon to assault them. Informant and others

managed the victim to be brought to her house. Victim disclosed

that she was ravished by petitioner and the matter could not be

reported to the police as victim was under threat and it could be

reported only on 28.07.2021.

The petitioner has relied for date of birth of victim on the

school document wherein her date of birth is entered as

10.04.2014. Later on the victim has married with petitioner on

13.04.2022 after she attained majority. Evidently, on the date of

alleged offence, she was a minor. Prior to solemnization of

marriage there is nothing on the record that there was any

contrary statement of the victim soon after commission of alleged

offence.

Learned counsel for petitioner and private respondents'

submits that in fact the victim was in love with the petitioner and

she had voluntarily left the house, however under the pressure of

parents she could not solemnize marriage with the petitioner till

she attained majority. Moreover, the FIR was lodged by the

parent.

In a catena of judgments it has been considered that where

there is allegation of commission of gender related offence, court

should not encourage the prosecutrix and the accused to get

married nor the court should suggest for a mediation between the

parties. This would add to the insult and humiliation already

caused to the victim. Reference can be made to Aparna Bhatt &

Ors. Vs. State of Madhya Pradesh & Anr. Criminal Appeal No.

(3 of 3) [CRLMP-7598/2022]

329/2021 decided on 18.03.2021. Item No. (e) of Paragraph 44 is

being reproduced below:-

"The courts while adjudicating cases involving gender related crimes, should not suggest or entertain any notions (or encourage any steps) towards compromises between the prosecutrix and the accused to get married, suggest or mandate mediation between the accused and the survivor, or any form of compromise as it is beyond their powers and jurisdiction."

Evidently prima facie the offence alleged was committed

against a minor and subsequent marriage of the minor with the

accused on getting majority by the minor could not be a ground to

quash the FIR only, for the reason of compromise between the

parties. Therefore, instant petition for quashing of FIR stands

dismissed.

(BIRENDRA KUMAR),J

ashu /91

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