The main legal principle established is that the inherent powers of the High Court under Section 482 of the Code can be used to quash criminal proceedings when the parties have reached a compromise, especially in matrimonial disputes.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present petition is maintained by the petitioners under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No. 93 of 2014, dated 06.05.2014, under Sections 365, 366, 376, 324, 506, 356 and 323 of the Indian Penal Code, registered at Police Station, Sadar Bilaspur, District Bilaspur, H.P.

2. Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that a complaint was lodged by the prosecutrix to the effect that on 17.4.2014 while she was going from Bilaspur to Chandigarh in a bus, petitioner No.2-accused took a seat adjacent to her. The accused was her classmate in 10+2 and was therefore, somewhat known to her. She was given fruity juice by the accused and on consuming the same, she got intoxicated and was made to deboard the bus at Nauni and was in fact taken to Shimla. When she told that she wanted to go to Chandigarh, she was subjected to beatings and was confined in a room of a hotel where she was raped. Next day she was told by him to obey his command, lest he would upload her photographs on the internet taken during the previous night. On 18th she was also raped where after she returned back to home but out of fear, she did not disclose this fact to her parents. On 25th it is alleged that she was again forcibly taken by the accused to Shimla, where she was asked to smoke and drink which she objected resulting in merciless beatings. She was kept confined in a room of a hotel for three days. It is only after her repeated persuasion that accused left her at Chandigarh on 29.4.2014. On 1.5.2014 the accused had come to her college and snatched her bag. She called her friends, who took her in a Car to P.G. Later the prosecutrix told all these facts to her parents on 5.5.2014, pursuant thereto, the FIR came to be registered against petitioner No.2. Now, the parties have entered into a compromise and are married with whom they are living happily. Prosecutrix is not supporting the prosecution case and as family is happy family compromised the matter and prosecutrix do not want to pursue the case against petitioner No.2. Hence, the present petition.

3. Learned counsel for the petitioners has argued that as the parties have compromised the matter, no purpose will be served by keeping the proceedings against the petitioners and the FIR/Challan, may be quashed and set aside.

4. On the other hand, learned Additional Advocate General has argued that the offence is not compoundable, so the petition may be dismissed.

5. To appreciate the arguments of learned counsel appearing on behalf of the parties, I have gone through the entire record in detail.

6. Their Lordships of the Hon'ble Supreme Court B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675, have held that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 would not be a bar to the exercise of power of quashing. It is well settled that the powers under section 482 have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers. Their Lordships have held as under:

(6) In Pepsi Food Ltd. and another v. Special Judicial Magistrate and others, (1998) 5 SCC 749), this Court with reference to Bhajan Lal's case observed that the guidelines laid therein as to where the Court will exercise jurisdiction under Section 482 of the Code could not be inflexible or laying rigid formulae to be followed by the Courts.

Exercise of such power would depend upon the facts and circumstances of each case but with the sole purpose to prevent abuse of the process of any Court or otherwise to secure the ends of justice. It is well settled that these powers have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers.

(8) It is, thus, clear that Madhu Limaye's c