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SANJEEV PRAKASH SHARMA
Bhupender Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. compromise between parties after fir (Para 1 , 2 , 3 , 4) |
| 2. arguments against quashing fir due to serious nature of allegations (Para 5 , 6) |
| 3. legal principles related to quashing fir based on compromise (Para 8 , 9 , 10 , 11 , 12) |
| 4. judicial considerations for exercising quashing powers (Para 13 , 15) |
| 5. petition for quashing fr rejected (Para 16 , 17) |
Judgment
Mr. Sanjeev Prakash Sharma, J.
The matter comes up on the joint prayer of both the counsels appearing for the accused-petitioner and the complainant stating that a compromise has taken place amongst them and therefore the FIR and further proceedings be quashed as against the petitioner.
2. It is stated that the complainant and this petitioner wanted to marry but as the marriage could not take place, the complainant in fit of anger and rage lodged an FIR for offence under Section 376 (2)(n) of IPC at Police station Bhondsi, District Gurugram on 08.04.2023. She also got her statement recorded under Section 164 Cr.P.C wherein she made allegations of having been raped by the petitioner.
3. Soon thereafter within 15 days or so i.e on 24.04.2023, a compromise was arrived at between the parties after the elders inter
An FIR for a serious offence like rape should not be quashed on the basis of a settlement or compromise. The court expressed concern over the conduct of the learned Trial Court Judge in suggesting a ....
Point of law: Offence under Section 376 of IPC being a sexual offence would fall in category of heinous and serious offences and are to be treated against society and not against an individual one an....
Offences like rape cannot be quashed based on compromise as they have a serious impact on society.
High Court quashed FIR under Section 69 BNS on compromise as offence (sexual intercourse by deceitful promise of marriage, not rape) not heinous; voluntary victim settlement secures justice, prevents....
The main legal point established is that in cases of serious offences, the existence of a compromise and the absence of a chance of conviction can justify the quashing of criminal proceedings.
The High Court may exercise its inherent powers under Section 482 CrPC to quash criminal proceedings involving serious offences, including those under Section 69 BNS, where the parties have reached a....
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