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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRAKASH CHANDRA GUPTA
Praveen Parmar – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background of the petition. (Para 1 , 2 , 3) |
| 2. amicable settlement and relationships. (Para 4 , 5) |
| 3. non-compoundability of certain offences. (Para 6 , 10 , 12) |
| 4. court's verification of compromise. (Para 7 , 8 , 11) |
| 5. legal principles regarding quashing firs. (Para 9 , 13 , 14 , 15 , 16) |
| 6. final dismissal of the petition. (Para 17) |
ORDER :
PRAKASH CHANDRA GUPTA, J.
This petition u/s 482 of Code Of Criminal Procedure, 1973 filed by the applicant/ accused for quashing FIR, bearing crime no.153/2023, offence u/s 376(1), 342 of IPC, 3/4 of POCSO Act, registered at P/S Nahar Darwaza, Distt. Dewas and all the subsequent proceedings of the criminal case.
2. As per prosecution case, the prosecutrix is minor, aged around 14 years. The prosecutrix and applicant were acquainted with each other being neighbours. On 12.05.2023 at around 03:00 AM when the prosecutrix went for nature’s call, then the applicant had caught hold her and took her to his house and committed rape upon her. After the incident the prosecutrix went to her house and narrated the incident to her family members. The matter was reported on the same day. After completion of investigation, chargesheet wa
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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