LawCanvas can now be accessed on Google Play and App Store
Track your Legal cases and receive Alert at your finger tips directly for upcoming hearing, receiving order, to-dos, appointments and meeting
Code of Criminal Procedure, 1973 - Section 320, 482 – Indian Penal Code, 1860 -Section 307, 376, 376(2) - Offence of Murder – Rape - Whether only on basis of compromise/settlement, FIR for offence under Section 376 of IPC can be quashed - Whether proceeding initiated for offence under Section 376 of IPC can be quashed on basis of settlement between parties is no longer resintegra and has been considered by their Lordships of Supreme Court in umpteen number of judgments and few of them may be noticed pertinently - Whether it would be unfair or contrary to interest of justice to continue with criminal proceeding or continuation of criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between victim and wrongdoer - Whether offence under Section 307 IPC is committed or not.
Findings of the Court :
Offence under Section 376 of IPC would fall under category of serious and heinous offences and are generally treated as crime against society and not against an individual one - Compromise entered into between parties cannot be construed as a leading factor based on which lesser punishment can be awarded - Rape is a non-compoundable offence and it is an offence against society and is not a matter to be left for parties to compromise and settle - Charge is proved under Section 307 IPC and conviction is already recorded of heinous crime and there is no question of sparing a convict found guilty of such a crime
Result: Petition dismissed of.
Catch Words :
Cases Referred:Advocate Appeared :For the Appellant : Mr.K.P.Sahu, AdvocateFor the Respondents : Mr.Ravi Bhagat, Dy.G.A
ORDER :
1. Petitioner No.1 lodged FIR against petitioner No.2 for offence punishable under Section 376 of the IPC at police Station Deendayal Nagar, Raipur, Distt. Raipur being Crime No.201/2020 alleging that petitioner No.2 on the pretext of marriage committed sexual intercourse with her and refused to marry with her, as such, petitioner No.2 has committed the aforesaid offence.
2. By way of this petition under Section 482 of the CrPC, the petitioners seek quashment of FIR registered in Crime No.201/2020 at Police Station Deendayal Nagar, Raipur, Distt. Raipur for offence punishable under Section 376 of the IPC on the ground that petitioner No.1 and petitioner No.2 both have married and living together, as such, FIR be quashed.
3. Mr.K.P.Sahu, learned counsel for the petitioners, would submit that due to apprehension and misunderstanding, FIR was lodged, whereas they are living toge
Click Here to Read the rest of this document with a free account to LawCanvas
LawCanvas can now be accessed on Google Play and App Store
Track your Legal cases and receive Alert at your finger tips directly for upcoming hearing, receiving order, to-dos, appointments and meeting
