Inherent powers under Section 528 BNSS should not quash heinous offences like rape on mere compromise; courts must scrutinize genuineness, terms, timing, and circumstances to prevent abuse or premium to offenders.

JUDGMENT :

VIRENDER SINGH, J.

1. Petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, (hereinafter referred to as ‘BNSS’), for quashing of FIR No.73 of 2023, dated 24.07.2023, (hereinafter referred to as ‘the FIR in question’), registered with Police Station, Shahpur, District Kangra, H.P., under Sections 376, 377, 354-C, 506 of Indian Penal Code, (hereinafter referred to as the ‘IPC’) and Sections 67, 67-A of Information Technology Act (hereinafter referred to as the IT Act), and Section 3(1)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the SC&ST Act), as well as, proceedings, resultant thereto, which are pending before the Court of learned Special Judge, Kangra at Dharamshala, District Kangra, H.P. (hereinafter referred to as the trial Court).

2. According to the petitioner, on the complaint of respondent No.2, the police registered the FIR, in question, and the criminal machinery swung into motion and thereafter, charge sheet has been filed, before the learned trial Court.

3. It is the further case of the applicant, that now, complainant (respondent No.2) has settled the dispute, with the petitioner and does not intend to prosecute the accused (petitioner), as, they are residing in the same vicinity and in order to maintain their cordial relations, they have settled the matter with each other. Both of them have also entered into compromise, settling all the differences/misunderstandings between them and to live peacefully. The petitioner, in this regard, has relied upon the compromise, as Annexure P-3.

4. On the basis of the above facts, a prayer has been made to allow the petition.

5. When put to notice, the State has filed the status report, disclosing therein, that on 24.07.2023, complaint-respondent No.2 moved a complaint, disclosing therein, that she is the resident of the address, as mentioned, in the complaint and according to her, the petitioner for the last two years, made her to understand that he is in love with her and he will solemnize marriage with her and on that pretext, she has been exploited sexually. Not only this, according to respondent No.2, petitioner had disclosed his wrong name and address to her and pretended to be unmarried and working in Army.

5.1. On the basis of the above facts, petitioner allegedly expressed his desire of love, as well as, to solemnize marriage with respondent No.2. He has allegedly forced her to meet by sending the messages, as well as, by making the phone calls. Consequently, respondent No.2 met her at place known, as 32 Miles, from where, he took her to unknown place in his car. Despite her resistance, he took her to Jyoti Restaurant Kandwal, a pre-fixed place and sexually harassed her.

5.2. Not only this, according to the complainant, he has also clicked her photographs and made video, despite her resistance by showing those photographs and videos, he has started blackmailing her and sexually exploiting her for the last two years. When, respondent No.2 discussed this matter with her maternal Aunt, she has given her courage to fight against the atrocity, as such, she has prayed that action be taken against him.

5.3. She has further got recorded that accused (petitioner) tried to contact her, by calling from various mobile numbers, but, respondent No.2 had not attended those calls, nor, responded to the messages. Two days prior, making of the complaint, according to her, whe