The main legal point established in the judgment is that the court can invoke Section 482 of Cr.P.C to quash criminal proceedings for non-compoundable offenses of a private nature when the parties have resolved their dispute amicably.

JUDGMENT :

Heard Mr. A. Tatak, learned counsel for the petitioners. Also heard Ms. L. Hage, learned Additional Public Prosecutor representing the State respondent.

2. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing and setting aside the G.R. Case No.80/23 corresponding to Changlang P.S. Case/FIR No.09/2023 dated 23.05.2023, registered under Sections 376/493/323/506 of the Indian Penal Code.

3. Mr. A. Tatak, learned counsel for the petitioners have submitted that the FIR was lodged by the petitioner No.1/victim alleging inter alia that the petitioner No.2/accused had abused, threatened and raped her on false promise of marriage. The actual fact of this case is that, both the petitioner Nos. 1 & 2 were in love relationship, but, the parents’ of the petitioner No.1 were against the said relationship and pressurize her to withdraw herself from the said relationship. Due to constant pressure, the petitioner No.1/victim got influenced by her parents’ and accordingly, she lodged an FIR against the petitioner No.2. However, after lodging of the FIR, she realized that the petitioner No.2 did no wrong with her and he is totally innocent. Thus, the FIR was lodged only due to some misunderstanding between the parties.

4. It is submitted that both the petitioners have amicably settled their differences and entered into Mutual Agreement dated 19.06.2023, which was executed before the Executive Magistrate, Yupia, Arunachal Pradesh. He also submitted that the petitioner No.1 is not willing to proceed with the case further and even if, the proceeding is continued, there is remote chance of conviction. However, it is submitted that the case is yet to be charge-sheeted, and as such the case is non-compoundable in nature, the learned Trial Court is also not in a position to compound the case in terms of Section 320 of Cr.P.C.

5. In pursuant to the mutual settlement between the parties, the petitioner No.1 is not interested to proceed with the case and they have jointly filed this petition for quashing and setting aside the entire proceeding of the G.R. Case No.80/23 corresponding to Changlang P.S. Case/FIR No.09/2023 dated 23.05.2023, registered under Sections 376/493/323/506 of IPC by invoking the extra ordinary, discretionary and inherent power under Section 482 of Cr.P.C.

6. The learned counsel for the petitioner further submitted that there are catena of Judgments, wherein, the Hon’ble Apex Court and the Hon’ble High Court has expressed the view that in cases, which is private or personal in nature and where the parties have resolved their entire dispute, the power under Section 482 of Cr.P.C can be invoked for setting aside and quashing such criminal proceeding.

7. He further submitted that though the case has been registered under Section 376, it is a fact that both the parties were in love relationship for considerable period and only due to misunderstanding and due to pressure by the parents’ of the petitioner No.1, she lodged the FIR against the petitioner No.1.

8. In support of his argument, the learned counsel for the petitioners relies on the decision passed by the Hon’ble Apex Court in the Case of Shivashankar @ Shiva vs. State of Karnataka & Anr., reported in Criminal Appeal No.504 of 2018, wherein, it has been expressed that “it is difficult to hold sexual intercourse between the parties which has continued for a considerable period, as rape”.

9. He also relies on another decision rendered by the Hon’ble Supreme Court in the Case of Kapil Gupta Vs State of NCT of Delhi reported in 2022 (0) Supreme SC 1108, wherein, he stressed in paragraph 12 of the said judgment, which read as under:-

Para-12. No doubt that the learned ASG is right in relying on various judgments of this Court which reiterate the legal position that in heinous and serious offences like murder or rape, the Court should not quash the proceedings. It will be relevant to refer to paragraph 29.5 to 29.7 of the judgment