Point of Law: Section 90 IPC reads consent known to be given under fear or misconception.

ORDER :

1. The prayer in this Crl.M.C. is as follows:-

“………. to quash Annexure-A5 final report and all further proceedings pursuant to it in Crime No.188/2017 of Neeleswaram Police Station, Kasaragod District, which is now pending as C.P.No.61/2017 on the files of the Learned Judicial First Class Magistrate’s Court-II, Hosdurg, as against the petitioner, so as to secure the ends of justice.”

2. Heard Shri.T.Madhu, the learned counsel for the petitioner and the learned Public Prosecutor.

3. The petitioner is the accused in Crime No.188/2017 of Neeleswaram Police Station. He faces charge under Section 376(1) of the Indian Penal Code.

4. The facts leading to the registration of the aforesaid crime are as follows:-

Respondent No.2 was found missing from her house since 11 a.m. on 26.3.2017. Based on the information regarding the missing of respondent No.2, Neeleswaram Police registered the above said FIR under the caption Section 57 of the Kerala Police Act. The SHO conducted investigation and traced out respondent No.2 on 27.3.2017 near Calicut Airport. On 28.3.2017 her statement was recorded. She stated that she is a married woman and her husband is working in a Gulf Country. She left the marital home and reached her parental house. She was in love with the petitioner, who was working in a ship. The petitioner is also a married person and the father of a child. Both of them decided to go to Mangalore in a car. They went to Parassinikadavu and stayed in a hotel. Respondent No.2 was produced before the jurisdictional court. Her statement was recorded under Section 164 Cr.P.C.. In the statement under Section 164 Cr.P.C., respondent No.2 stated that she had developed an acquaintance with the petitioner since 2016. Though she required to stop the relationship, the petitioner wanted to maintain the same. The petitioner even threatened that he would commit suicide if respondent No.2 proceeded to stop the relationship. The petitioner and respondent No.2 indulged in sexual relationship. The Police, after conducting investigation, submitted final report against the petitioner, alleging the offence punishable under Section 376(1) of the Indian Penal Code.

5. The petitioner seeks to quash the entire criminal proceedings on the ground that the parties settled their disputes. Respondent No.2 filed an affidavit stating that she has settled her dispute with the petitioner and that she does not want to proceed with the criminal prosecution against him.

6. The learned Public Prosecutor, on instructions, submitted that the matter was enquired into through the Investigating Officer, who has taken the statement of the defacto complainant, and it is reported that the dispute between the parties has been amicably settled.

7. The Apex Court in Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)], Narinder Singh and others v. State of Punjab and Others [(2014) 6 SCC 466], and State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] considered the power of the High Court to quash criminal proceedings in FIR/complaint in exercise of its inherent jurisdiction where the offences are not compoundable under Section 320 Cr.P.C.

8. In Gian Singh (supra), the Apex Court held thus:-

“57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under S.320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be