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WANLURA DIENGDOH
Phiyola Myrthong – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
Wanlura Diengdoh, J. - An FIR being Sohra P.S. Case No. 20(6) of 2020 under Section 376 IPC was registered, the contents of which would reveal that the petitioner herein was allegedly raped by the respondent No. 3. On investigation being launched and the Investigating Officer having filed the final report as required under Section 173 Cr.P.C., the matter was taken up for trial by the learned Sessions Judge, Shillong in Sessions Case No. 23(T) of 2021. The stage of the case is for consideration of charge.
2. The petitioner has come before this Court with an application under Section 482 Cr.P.C. with a prayer to quash the said FIR and the subsequent proceedings in Sessions Case No. 23(T) of 2021.
3. Ms. S. Nongsiej, learned counsel for the petitioner has submitted that the FIR was filed on account of wrong advice and misunderstanding of communication between the parties when actually nothing happened between the petitioner and the respondent No. 3 who are mother and son respectively. However, since the said FIR has been registered the respondent No. 3 has been arrested in connection with the same, but was subsequently enlarged on bail.
4. The learned counsel has further submitte
The seriousness of the offence and the societal impact of crimes against women and children may influence the court's decision on whether to quash criminal proceedings based on a compromise.
Offences like rape cannot be quashed based on compromise as they have a serious impact on society.
The power to quash criminal proceedings should be exercised sparingly and with caution, especially for heinous and serious offences, while considering the nature of the offence, the impact on society....
Point of Law : Rape - Amicable settlement - Quash of FIR - Inherit powers of High Court - Power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravit....
The High Court can quash FIRs in non-compoundable offences if continuation of proceedings would be an abuse of process and serve no useful purpose.
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