High Court may quash rape FIR post-charge-sheet under inherent powers upon genuine compromise and marriage, promoting harmony and preventing abuse of process despite offence gravity.

Judgment :

Virender Singh, J.

Petitioner, has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No. 30/2024, dated 08.08.2024, (hereinafter referred to as the FIR, in question), registered with Women Police Station Mandi, H.P., under Sections 376(2)(a) 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 Additional Sessions Judge-II, 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. Brief facts leading to the filing of the present petition for quashing the FIR, as well as, the resultant proceedings thereto, as borne out from the record, may be summed up, as under:-

“Respondent No. 4 moved a complaint before the police of Women Police Station Mandi, disclosing therein that she is resident of the address mentioned in the application and she met petitioner Satish Kumar through Facebook (social media app), in the year 2012. It is her further case that accused Satish Kumar expressed his intention to solemnize marriage with her and on this assurance, petitioner made physical relations with her in the year 2023, till June, 2024 and now he refused to solemnize marriage with her. As such, according to her accused made physical relations with her on the pretext of marriage and defrauded her. As such, request has been made to take action.”

4. On the basis of above facts, police registered the FIR in question and criminal machinery swung into motion. After completion of investigation, charge-sheet has been filed in the learned trial Court.

5. According to the petitioner, the dispute, between the parties, has now been sorted amicably and the matter has been compromised. The terms and conditions of the compromise have been reduced into writing, vide compromise deed Annexure P-2. The compromise has been effected between the parties on the ground that now, the petitioner and respondent No. 4 have solemnized their marriage on 25.08.2025, in accordance with Hindu rites and ceremonies. They are now residing happily in the matrimonial home. In order to buttress his contention, the petitioner has placed on record the copy of marriage registration certificate dated 25.08.2025, as Annexure P-3.

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, respondents No. 1 to 3- 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. 4, as well as, the manner, in which, the investigation has been conducted, by the police, in this case and charge-sheet has been filed, which is pending adjudication, before the learned trial Court.

8. Today, respondent No. 4-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 Annexure P-

2. 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 c