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PREM NARAYAN SINGH
Jitendra @ Jitu Sharma – Appellant
Versus
State of M. P. – Respondent
JUDGMENT
1. Heard finally, with the consent of the parties.
2. This petition under section 482 of Cr.P.C. is preferred by the petitioners for quashment of the FIR dated 15.10.2023 registered bearing Crime No.329/2022, at Police Station Bilgram, Nagda District Ujjain under sections 376, 450, 506 and 120-B of Indian Penal Code (hereinafter referred to as "IPC") and the consequent proceedings arising out of it.
3. As per the prosecution story, the complainant has lodged an FIR that 25.10.2023, at about 12:55PM, the prosecutrix was at her maternal home, her father was on duty, she was staying at home with her one year's child and minor brother then, the applicant who is relative of the prosecutrix, came to her house. When the prosecutrix was feeding to her son, the applicant sent her brother out of the home to carry some Samose, then the applicant closed the door from inside, caught hand of the prosecutrix, forced her to lay on bed and committed rape upon her forcefully against her will. The applicant threatened her to kill her family members if she disclose the incident to anyone. When her brother came, the applicant fled away from the spot. Hence, the police has lodged the FIR against t
Offence under Section 376 IPC is non-compoundable – By simply entering into compromise, charges cannot be said to have been mitigated or quashed as offence is against dignity of women as well as publ....
The High Court cannot quash FIRs related to heinous offences like rape of minors based solely on amicable settlements unless extraordinary circumstances justify such action.
Offences like rape are not private in nature and have a serious impact on society, and therefore, the criminal proceedings cannot be quashed on the basis of settlement between the parties.
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