An offence under Section 376 of IPC is grave in nature and could not be treated as an act not involving public interest.

ORDER

Dated this the 23 rd day of February , 2024 This Crl.M.C., under Section 482 of Cr.P.C., is filed by the accused in crime No.1114 of 2022 of Hosdurg Police Station, Kasaragod, registered under Section 376(2)(n) of IPC, for quashing Annexure-A1 FIR and Annexure-A2 final report in C.P.No.37 of 2023 on the file of Judicial First Class Magistrate Court-I, Hosdurg.

2. The prosecution allegation is that on 15.05.2022 and 22.06.2022 the petitioner, who was in a love affair with the defacto complainant, sexually abused her and raped her on the promise of marriage.

3. Learned counsel for the petitioner submitted that the matter stands settled between the petitioner and the defacto complainant, and Annexure A4 affidavit also is filed by the defacto complainant, stating the factum of settlement.

4. When the case is taken up for consideration, learned Public Prosecutor submitted that the offence alleged is under Section 376(2)(n) of IPC, and so it could not be settled. Moreover, the petitioner was absent during investigation, and now the case is pending as committal proceedings before Judicial First Class Magistrate Court-I, Hosdurg as C.P.No.37 of 2023.

5. An offence under Section 376 of IPC is grave in nature, and it could not be treated as an act not involving public interest, as it is an offence against the womanhood, affecting conscience of the society as a whole. In such circumstances, Annexure A1 FIR and Annexure-A2 final report in C.P.No.37 of 2023 is not liable to be set aside. The petitioner is ready to surrender before the committal court, so that the case can be committed to the sessions court and trial can be expedited.

6. Accordingly, the petitioner is directed to surrender before Judicial First Class Magistrate Court-I, Hosdurg in C.P.No.37 of 2023, on or before 18.03.2024. Till then no coercive steps shall be taken against the petitioner by the committal court. In case he files an application for regular bail, with advance copy to the prosecution, learned Magistrate has to consider that application on merit and pass appropriate orders, on the date of application itself as far as possible, considering the settlement aspect also.

With this direction, this Crl.M.C. is disposed of.