The non-compoundable nature of the offence under Section 376 IPC and the sufficiency of evidence influenced the Court's decision to dismiss the petition for quashing the charge-sheet.

1. INVOKING Section 482 of the code of Criminal Procedure, the present petitioners, who have been charge-sheeted under Sections 376/511 of the Indian Penal Code, have approached this Court for quashing of the same.

2. MR. Manjit Singh, Learned Counsel, appearing with MR. Anand Keshari, on behalf of the petitioners, urged the following points in support of this application; (a) The evidentiary materials collected during investigation does not make out any offence for which charge-sheet has been submitted, (b) Initially the case was started under Section 323, but the charge-sheet has been submitted under Sections 376/511 of the IPC, and (c) The matter has been compromised by and between the parties. On the other hand, MR. Sobhendu Sekhar Roy, Learned Counsel, appearing on behalf of the State, vehemently opposed the prayer for quashing. He submitted that sufficient materials have been collected by the police during investigation showing complicity of the accused in the commission of the alleged offence. He further submitted earlier the Division Bench of this Hon’ble High Court considered the prayer for anticipatory bail of the petitioners and rejected the same.

Heard the Learned Counsel appearing on behalf of the parties. Perused the Case Diary.

3. HAVING gone through the evidentiary materials on the basis of which charge-sheet has been submitted, I find that victim girl at the time of the alleged incident was aged about 15 years. I further find according to the prosecution case while she was going to school with her four other friends, the accused persons forcibly took her inside the courtyard of their house and started squeezing her private parts and then attempted to rape her. On the face of those allegations, it cannot be said no offence for which charge-sheet has been submitted has been made out. Moreover, this Hon’ble High Court after considering the Case Diary rejected the petitioners prayer for anticipatory bail, having found there are sufficient materials against them. The offence punishable under Section 376 of the Indian Penal Code is a non-compoundable offence. Therefore, the quashing of the charge-sheet on the ground that father of the complainant has compromised the matter with the accused persons would be of no consequences. This criminal revision has no merit and accordingly stands dismissed. Interim order, if any, stands vacated. Criminal Section is directed to deliver urgent Photostat certified copy of this order to the parties, if applied for, as early as possible.