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SATYEN VAIDYA
Jatinder Kumar – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
SATYEN VAIDYA, J.
1. Petitioners have prayed for quashing of FIR No. 31 of 2022 dated 15.2.2022, under Sections 377, 354, 509 and 506 of IPC, registered at Women Police Station, Amb, District Una, H.P. and all consequent criminal proceedings arising therefrom on the ground that the matter stands settled between the parties.
2. It is averred in the petition that petitioner No. 1 is husband of respondent No. 4. Petitioners No. 2 to 4 are father and brothers of petitioner No. 1 respectively. On 15.2.2022, FIR No. 31 of 2022 was registered at the instance of respondent No. 4. It was alleged that the marriage between respondent No. 4 and petitioner Non.1 was solemnized on 24.11.2017. She was being maltreated by her in-laws but she did not disclose it to her parents. When the complainant became pregnant, petitioner No. 1 started developing unnatural sexual relations and he also indulged in indecent activities with his daughter respondent No. 5, who was born only on 2.10.2018. Similar allegations were leveled against other petitioners.
3. Petitioners have placed on record a copy of compromise deed, recorded between the petitioners and respondent No. 4. As per the terms of compromis
Sexual offences under Section 376and 377 of IPC has been termed to be a serious and heinous offence and generally treated as crime against society.
Though Court should be slow in quashing proceedings wherein heinous and serious offences are involved, High Court is not foreclosed from examining as to whether there exists material for incorporatio....
The court can quash FIRs for non-compoundable offences if the parties have settled their dispute and the continuation of proceedings would serve no public interest.
Court cannot be a silent spectator to or turn its back on distressed family.
The main legal point established is that in cases of matrimonial disputes where the wrong is private or personal in nature and the parties have resolved their entire dispute, the High Court may quash....
The court held that serious offences like rape cannot be quashed based on compromise, emphasizing the societal impact and the need for justice.
Court cannot be a silent spectator to or turn its back on distressed family.
Point of law: Offence under Section 376 of IPC being a sexual offence would fall in category of heinous and serious offences and are to be treated against society and not against an individual one an....
Point of Law : Objective of every legal system is to ensure maintenance of peace and harmony in society - In order to avoid further disturbance in lives of private parties hereto and also third parti....
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