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MANISHA BATRA
Gagandeep Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Manisha Batra, J. (Oral)
The instant petition has been filed under Section 482 of Cr.P.C. by the petitioner seeking quashing of FIR No.0264 dated 16.10.2018 registered under Section 376 of IPC at Police Station City Sangrur, District Sangrur.
2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of statement recorded by the complainant "K" (name withheld) on 16.10.2018 alleging therein that she was previously married to one Gursewak Singh and a daughter had also born to her but because of matrimonial discord between them she had returned to her parental house and had been residing separately with her parents since 2015. After separation from her husband, she had come into contact with Gagandeep Singh in the year 2015 who by making of promise of performing marriage with her, had been maintaining physical relations with her. She alleged that from some sometime back, he had started avoiding her by making excuses and then had refused to perform marriage with her. She further alleged that on 15.10.2018, she had been called by the petitioner at Mayor Hotel to have conversation with regard to their marriage
The court ruled that allegations of rape under Section 376 IPC were not established, allowing quashing of the FIR based on the consensual nature of the relationship and the parties' subsequent marria....
The court held that the FIR for rape was quashed as the relationship was consensual, and continuation of proceedings would cause undue prejudice, affirming the importance of consent and the role of c....
The inherent powers of the court can quash criminal proceedings when the victim expresses no desire to proceed, especially following reconciliation and marriage, despite serious charges under IPC.
It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
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 court affirmed that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly, and quashing of proceedings is not warranted unless allegations do not constitute a cognizable ....
A breach of promise to marry does not constitute a false promise under Section 376 IPC unless it is shown that the promise was made without intention to uphold it.
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