The Court can exercise inherent powers under Section 482 to quash FIR when the parties have amicably settled the dispute and solemnized marriage, to prevent abuse of process of law and secure the ends of justice.

JUDGMENT

Vivek Puri, J. - The petitioner has approached this Court by way of instant petition under Section 482 of the Code of Criminal Procedure (for short 'Code') invoking its inherent jurisdiction for quashing of FIR No. 16, dated 28.01.2020, under Section 376 (2) (n) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012, registered at Police Station City-1, Sangrur, District Sangrur and all the consequential proceedings arising therefrom, on the basis of compromise entered between the parties dated 01.02.2020 (Annexure P-2).

2. Briefly, the FIR has been registered on the allegation that the petitioner and the respondent no.2 became acquainted with each other as they had been coming to Sangrur everyday. On 05.06.2019, the petitioner took the respondent no.2 to the house of the relative where no one was present and he made physical relations against her consent. The respondent no.2 became pregnant and gave birth to a male child.

3. In terms of order dated 01.03.2021, the parties were directed to appear before the learned Illaqa Magistrate for recording their respective statements with regard to the compromise.

4. Learned Chief Judicial Magistrate, Sangrur has sent its report and the relevant portion thereof is reproduced herein below:-

'Complainant has stated that she got registered F.I.R. No. 16 dated 28.01.2020, under Section 376(2)(n) IPC and Section 4, 6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station City-1, Sangrur against accused Gurdeep Singh. She was born on 20.09.2001 and now she has attained the majority. She has compromised the matter voluntarily with accused Gurdeep Singh without any pressure or coercion or undue influence in the F.I.R. in question. She and Gurdeep Singh got marriage on 23.02.2020 and out of their wedlock, one male child, namely, Sohaan Fateh Singh was born. Now she is residing with accused Gurdeep Singh at his village Toorbanzara. So, she has no objection in quashing the FIR in question against accused Gurdeep Singh.

Accused Gurdeep Singh has also stated that he has compromised the matter voluntarily with complainant without any pressure, undue influence, threat or coercion. He and complainant got married on 23.02.2020 and out of their wedlock, one male child, namely, Sohaan Fateh Singh was born. Now complainant is residing with him at his village Toorbanzara. Except the present case, no other criminal or civil case is pending against him. He has further stted that he has neither been declared as proclaimed offender nor any proclamation proceeding is pending against him. He is on bail in the present case and challan has already been presented which is pending before the Court of Ms.Jaswinder Sheemar, learned Addl. Sessions Judge, Sangrur for 17.03.2021. F.I.R. may kindly be quashed against him.

It is submitted that the compromise as per statements of complainant and accused Gurdeep Singh has been arrived at voluntarily and without any pressure, coercion or undue influence between them.

It is further submitted that as per statement of accused Gurdeep Singh, except the present case, no other criminal or civil case is pending against him.

It is also urged that the challan in this case has already been presented in the Court of Ms. Jaswinder Sheemar, learned Addl. Sessions Judge, Sangrur. As per challan, same is presented only against accused Gurdeep Singh who is on bail in the present case. As per record, accused has neither been declared as proclaimed offender nor any proclamation proceeding is pending against him in the present case."

5. It has been contended by the learned counsel for the petitioner, as well as, learned counsel for respondent no.2 that the dispute has been amicably settled between the parties in terms of the compromise dated 01.02.2020. The petitioner and respondent no.2 have solemnized marriage with each other on 23.02.2020. Annexure P/3 is the copy of the certificate indicating that the marriage