BHUPENDER SINGH
versus
STATE OF HARYANA AND ANOTHER
PUNJAB & HARYANA COURT
Decided on:16th May, 2023.
CORAM: Sanjeev Prakash Sharma, J.
INTRODUTION:
The filing of FIRs for rape allegations cannot be appropriately dismissed, even if the victim or the victim’s family has reached a settlement in the matter.
FACTS:
The complainant and the petitioner intended to marry, but due to the failure of their marriage plans, the complainant, in a state of anger, lodged an FIR under Section 376(2)(n) of the IPC at Bhondsi Police station in Gurugram on April 8, 2023. In her statement recorded under Section 164 Cr.P.C, she accused the petitioner of raping her. However, a compromise was reached between the parties after approximately 15 days, around April 24, 2023, with the intervention of elders. During this compromise, the complainant expressed her desire to withdraw her previous allegations, stating that she had made them in a fit of anger. She specifically mentioned that no rape or any other offense had occurred. In light of this compromise, the petitioner has now filed a petition seeking the quashing of the FIR.
COURT ANALYSIS AND DECISION:
In determining whether a criminal proceeding or complaint should be quashed using its jurisdiction under Section 482, the High Court needs to assess whether doing so would serve the ends of justice. The inherent power of the High Court, though broad, should only be exercised for two main purposes: (I) to ensure justice is served, and (ii) to prevent the misuse of the court’s process. The decision to quash a complaint or first information report (FIR) on the grounds of settlement between the offender and victim depends on the specific facts and circumstances of each case. There can be no fixed set of principles to govern such decisions comprehensively. When considering a plea of settlement in the exercise of power under Section 482, the High Court must take into account the nature and gravity of the offense. Certain heinous and serious offenses that involve mental depravity, such as murder, rape, and dacoity, cannot be settled between the parties. These offenses are not merely private in nature but have a significant impact on society. Thus, the decision to proceed with the trial in such cases is based on the paramount importance of serving public interest in punishing individuals for their involvement in serious crimes.
The court acknowledged that in heinous or serious crimes like rape, it is generally not appropriate to exercise the power of quashing proceedings. However, in the unique facts and circumstances of the present case, and with the objective of providing relief to Respondent No. 2, who would otherwise have to undergo the agony of facing two criminal trials—one as a victim and another as an accused—the court deemed it appropriate to exercise its extraordinary powers to quash the criminal proceedings. As a result, the appeal was allowed, and the proceedings in the criminal cases arising from the specified FIRs were quashed and set aside.
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Written by- Srijan Garg2023_01_ILR_0900_0908
