Point of Law: Offence of Rape – Compounding of offence - Interest of justice will be met, in case, the proceedings are quashed, as the parties have already compromised the matter.

ORDER :

The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) for quashing of F.I.R No.24 of 2021, dated 9.9.2021, under Sections 376 (2) 376 (n), 376 (3) and 506 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 67 of the Information and Technology Act, registered at Women Police Station Bilaspur, District Bilaspur, H.P. alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

2. Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that on 9.9.2021, respondent No.2 made a written complaint to Police Station Bilaspur, that she is a student of 11th Class and the petitioner is a hair dresser. Around six months ago, when her parents were not at home, the petitioner visited there and forcibly committed sexual intercourse with her, thereafter the petitioner repeatedly pressurized her for sex and on her refusal, he threatened her to do away with her and on her refusal, he threatened her to do away with the lives of her parents. On the basis of the statement of respondent No.2-complainant, FIR in question was registered. Now, the parties have entered into a compromise, vide Compromise/affidavit (Annexure P-2) stating therein that the complainant does not want to pursue the case against the petitioner. Hence, the present petition.

3. Learned counsel for the petitioner has argued that as the parties have compromised the matter, no purpose will be served by keeping the proceedings against the petitioner 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. Learned counsel for respondent No.2 submits that the parties have entered into compromise, so, the proceedings pending before the learned Court below may be quashed qua the petitioner.

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

7. 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 case does not lay down any general proposition limiting power of quashing the criminal proceedings or FIR or complaint as vested in Section 482 of the Code or extraordinary power under Article 226 of the Constitution of India. We are, therefore, of the view 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, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a p