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2022 Supreme(P&H) 1862

VIVEK PURI
Vaibhav Bhalotia – Appellant
Versus
State of U. T. Chandigarh – Respondent


Advocates appeared:
Mr. Tejinderbir Singh, Advocate, for the Appellant; Mr. Rajeev Anand, APP, for respondent no.1-U.T., Chandigarh. Mr. Jagdeep S. Virk, Advocate, for respondent No. 2., for the Respondent

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. 0291, dated 06.08.2018, under Sections 376 and 420 of the Indian Penal Code, registered at Police Station Sector 36, Chandigarh and all the consequential proceedings arising therefrom, on the basis of settlement between the parties.

2. Briefly, the FIR has been registered on the basis of the statement of the respondent no.2 alleging that on the false pretext of marriage, the petitioner had committed rape and also outraged her modesty.

3. In terms of order dated 13.11.2019, the parties were directed to appear before the learned Illaqa Magistrate/Duty Magistrate/trial Court for recording their respective statements with regard to the compromise/settlement.

4. Learned Judicial Magistrate 1st Class, Chandigarh has sent its report and the relevant portion thereof is reproduced herein below:-

    '(i) That on the basis of statement given by parties this Court is of the considered view that compromise between the parties is genuine and it has been effected voluntarily without a

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