The inherent power of the High Court under Section 482 Cr.PC can be exercised to quash criminal proceedings in appropriate cases, even in non-compoundable offenses, to secure the ends of justice and prevent abuse of the process of any Court.

JUDGMENT

Vivek Singh Thakur, J. - This petition has been preferred under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC'), by petitioner Rahul Thakur for quashing FIR No. 46 of 2019 dated 02.11.2019, registered in Women Police Station, Mandi, District Mandi, H.P., under Section 376 of the Indian Penal Code (hereinafter referred to as 'IPC' in short) and the consequent criminal proceedings arising thereto.

2. Petitioner Rahul Thakur and respondent No.2 Prem Lata are present in person in the Court today, who have been identified by their respective learned counsel. Their statements, on oath, have also been recorded separately today in the Court.

3. In her statement complainant-respondent No.2 Prem Lata has stated that her first meeting with petitioner was at BusStand Mandi and at that time, she was pursuing her Graduation Course from Government College, Mandi and petitioner was serving as a Probationary Officer in Gramin Bank. She has further stated that after having friendship, they had developed intimacy and decided to marry each other and they had also taken their parents in confidence to materialize their proposal and for assurance of the marriage, they had also developed physical relations, however, thereafter, petitioner had shown his reluctance to marry her, which caused mistrust about relations and lead to lodging of FIR against the petitioner. She has further stated that later on her family as well as family of petitioner had clarified that fluctuation in behaviour of petitioner was temporary and in fact he was in the process of taking decision to solemnize marriage and was thinking about future thereafter and that after lodging of FIR, petitioner was arrested and was released on bail on 03.12.2019 and despite lodging of FIR against petitioner by her, he not only agreed to marry with her but with the consent of parents, they have solemnized marriage on 13.12.2019 in Tarna Mata Temple, Mandi and thereafter, marriage has also been registered at Sl. No.32 in Marriage Register maintained by Gram Panchayat Rakhoh. She has further stated that her name has also been entered in the Family Register of the said Panchayat as a wife of petitioner and since then, she is residing alongwith petitioner in the house of her in-laws and they are living happy married life and because of subsequent conduct of the petitioner, she had developed full faith that he will maintain her properly and will not, in any manner, cause harm to her and her interests and believing him she does not want to continue criminal proceeding against him as it would be actually harming her and her interest and also their family life. She has further stated that she has deposed in this Court, out of her free will, consent and without any external pressure, coercion or threat of any kind.

4. In his statement, petitioner Rahul Thakur has stated that he has heard the statement made by complainantrespondent No.2 Prem Lata and has endorsed the same to be true and correct and had that he married her with his free will, consent and without any pressure, threat or coercion and in fact, he had never intended not to marry her, but there was some fluctuation in his thoughts, which were shared with her and such communication had caused mistrust in their relations leading to lodging of FIR. He has further stated that he has realized his mistake and has taken steps to rectify the mistake and has also undertaken to keep his wife-respondent No.2 Prem Lata happy and to maintain her properly in all respects. He has further stated that he has deposed in this Court, out of his free will, consent and without any external pressure, coercion or threat of any kind.

5. Considering peculiar facts and circumstances of present case, petition has been opposed on behalf of respondent No. 1-State on the ground that it is not maintainable as in investigation a case under Section 376 IPC is made out and on the basis of challan presented in Court trial is pending con