WPCRL/1956/2022
2022 Latest Caselaw 3392 UK

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                                 WPCRL No. 1956 of 2022

                                 Hon'ble S.K. Mishra, J.

Mr. Harshit Sanwal, the learned counsel for the petitioner.

Mr. J.S. Virk, the learned Dy. Advocate General for the State.

Mr. B.S. Bhandari, the learned counsel for the complainant.

Heard.

This is an application for quashing of the FIR No. 0077 of 2022 dated 09.10.2022, lodged under Sections 376, 313,341 and 506 of the Penal Code at P.S. Mussoorie, Dehradun in terms of compromise arrived at between the parties.

Parties are present in person in the Court, duly identified by their respective counsel. I have carefully examined their Aadhar Cards. Xerox copies thereof signed by the parties themselves and attested by their respective learned counsel are filed and kept on record.

Though, in the cases of Gian Singh vs. State of Punjab (2012) 10 SCC 303 and State of M.P. vs. Laxmi Narayan (2019) 5 SCC 688, the Hon'ble Apex Court has held that in the grievous offence like rape, the FIR should not be quashed on the basis of the compromise. This Court is of the opinion that the continuance of the criminal investigation and trial in the present case will be an abuse of process of law. This Court arrives at such a conclusion in view of the fact that the complainant has alleged that the accused, i.e., petitioner in this case promised to marry her and had sexual relations with her and later on he did not keep his promise Thus, in keeping view the judgment of the Hon'ble Supreme Court in the case of Sonu @ Subhash Kumar vs. State of U.P. & Anr., passed in CRLA No. 233 of 2021 decided on 01.03.2021, there is good possibility of the writ petition being allowed. Moreover, the petitioner and the complainant has solemnized their marriage in the meantime, and they also registered the same before the Registering Authority, as is evident from Annexure-2 to the writ petition.

In that view of the matter, this Court is of the opinion that this case can be taken as exception to the general rules as propounded by the Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab (supra) and State of M.P. vs. Laxmi Narayan (supra).

In that view of the matter, the writ petition is allowed. FIR No. 0077 of 2022 dated 09.10.2022, lodged under Sections 376, 313,341 and 506 of the Penal Code at P.S. Mussoorie, Dehradun is hereby quashed (Compounding Application IA No. 2 of 2022 stands disposed of).

(S.K. Mishra, J.) 19.10.2022 (Grant certified copy as per Rules).

PV