JUDGMENT

INDEX TO THE JUDGMENT

BACKGROUND OF THE CASE

I. Facts of the Case

II. The Investigation

ARGUMENTS ADDRESSED BEFORE THIS COURT

QUASHING OF FIR ON THE BASIS OF SETTLEMENT: PRINCIPLES TO BE FOLLOWED

I. General Principles

II. Can FIR registered under Section 376 of IPC be Quashed on the Basis of Compromise?

ANALYSIS AND FINDINGS

I. Circumstances Leading To Execution Of Settlement Agreement Between The Accused And The Victim In the Present Case

Contents of Settlement Agreement

II. Beyond Bargain: Can Monetary Consideration Become Ground for Quashing FIR Registered under Section 376 of IPC?

III. The Role of Learned Trial Court

CONCLUSION

Swarana Kanta Sharma, J.

1. At the threshold of adjudication in the present case lies an important question for consideration: Should this Court invoke its inherent powers to quash an FIR alleging commission of offence of rape, on the ground of matter having been compromised between the accused and the victim? What increases this dilemma is the revelation that the very suggestion to explore such a compromise emanated not from the disputing parties, but from the learned Trial Judge itself.

2. The petitioner has approached this Court, by way of present p