S.P.Garg, J. (Oral)

1. The instant petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of the FIR No.1314/2014 registered under Section 376 IPC at PS New Ashok Nagar. Status report is on record.

2. I have heard the learned counsel for the parties and have examined the file. Status report reveals that on the complaint of the prosecutrix ‘X’ (assumed name) on 02.11.2014 the FIR was lodged. In her statement under Section 164 Cr.P.C., the prosecutrix reiterated her allegations. Upon completion of investigation, a charge-sheet has been filed for committing offence under Section 376 IPC against the petitioner where the next date of hearing is 23.08.2015.

3. It appears that the matter has been settled and the prosecutrix has opted not to pursue the matter. However, that aspect itself is not sufficient at this stage to quash the FIR under Section 376 IPC. Offence under Section 376 IPC is not compoundable. In ‘Gian Singh vs. State of Punjab & anr.’, 2012 (10) SCC 303, the Supreme Court categorically excluded settlement to have any legal sanction in such serious offences like murder, rape and dacoity, etc. In a recent judgment ‘State of M.P. vs. Madanl