Section 376(2)(n) and 506 IPC quashed on account of marriage of accused and victim: Punjab High Court.
The Punjab High Court, on 13th April 2023, in Chandan Paswan v/s State of Punjab and Another, (CRM-M-12854-2021), held that married life of the accused and the complainant cannot be disturbed for the sake of trial in the FIR. The judgement was presided by Honourable Ms. Justice Amarjot Bhatti.
FACTS OF THE CASE:
The respondent had filed an FIR against the petitioner on grounds of forcible rape. The respondent was married and then divorced, and stayed with her parents where the aforesaid incident occurred. Thereafter, the incident was narrated by the respondent and marriage was solemnised whereby the petitioner fled from his house. The FIR was registered by the respondent after this incident.
This petition was filed to quash the aforesaid FIR on the basis of compromise. She confirmed that this compromise has been effected without any pressure, coercion from any side and she has no objection regarding quashing of FIR, and the same was confirmed by the petitioner in a separate statement.
JUDGEMENT:
The Court held that Sections 376(2)(n), 506 of IPC is a serious offence and is non-compoundable under Section 320 of Cr.P.C. However, the compromise arrived between the petitioner-respondent cannot be ignored. The Court also referred to Jatin Aggarwal v/s State of Telangana & Anr 2022(2) R.C.R. (Criminal), 603), and held that married life cannot be disturbed for sake of the trial in the aforesaid FIR.
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JUDGEMENT REVIEWED BY ARYA THAKUR.
