High Court may quash FIRs alleging rape and kidnapping via inherent powers on compromise, especially retaliatory cross-cases, to prevent abuse of process and foster harmony, despite offence gravity, per case facts and precedents.

JUDGMENT :
Virender Singh, Judge

Petitioners, have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No. 39 of 2022, dated 03.10.2022 (hereinafter referred to as the FIR, in question), registered with Women Police Station Mandi, H.P., under Sections 363, 376(2)(n), 506, 34 of the Indian Penal Code, (hereinafter referred to as the ‘IPC’), as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Sessions Judge (Family Court) Mandi, H.P. (hereinafter referred to as the ‘trial Court’).

2. The relief of quashing has been sought on the basis of the compromise, effected between the parties.

3. According to the petitioners, respondent No. 2- complainant had got recorded her statement under Section 154 Cr.P.C., that on 18.09.2022, at 6:30 pm, she was waiting for a bus at Scody Bridge, to go to her house. A car stopped in front of her and asked her lift to go home and she agreed to go with them (petitioners), as it was late. When they reached a little distance, they started threatening the complainant, to take back old cases. When she refused to withdraw her case, they turned the car back from Jail Road and took her to a hotel in Mandi and from 7:00 to 10:00 pm, both of them sexually exploited her forcefully. Thereafter they put the complainant in the car to take her home and started going to her house. On the way, when her husband came to pick her up, they came face to face and to save me, they fought and petitioners got injured. When her husband was questioned, he told the Rewalsar police about the entire incident. Her husband was in jail and she was not mentally and physically ready to lodge any report. On 03.10.2022, she reached Women Police Station Mandi and lodged the FIR in question, against them.

4. After registration of the FIR, the police has conducted the investigation and submitted the final report, which is now pending adjudication, before the learned trial Court.

5. According to the petitioners, the dispute, between the parties, has been sorted amicably. The terms and conditions of the compromise have been reduced into writing, vide compromise deed Ext. P-A.

6. On the basis of the said compromise, a prayer has been made to allow the petition, as prayed for, by quashing the FIR, in question, as well as, proceedings resultant thereto, pending before the learned trial Court.

7. When, put to notice, respondent No.1-State has filed the status report, mentioning therein, the circumstances, in which, the FIR, in question, has been registered, at the instance of respondent No. 2, as well as, the manner, in which, the investigation has been conducted, by the police, in this case and submitted the charge-sheet, which is pending adjudication, before the learned trial Court.

8. Today, respondent No.2-complainant, appeared before the Court and deposed, on oath, that due to some misunderstanding, she has lodged the FIR, in question. According to her, she has compromised the matter with the petitioner, vide Compromise Deed Ext. P-A. She has also deposed that in view of the compromise, she has no objection, if the present petition is allowed, as prayed for.

9. Similar type of statement has also been made by the petitioner, on oath.

10. Heard.

11. The person, who has put the criminal machinery into motion, is respondent No.2. Respondent No. 2, w