ORDER:

1. This Criminal Petition is filed to quash the proceedings against the petitioner/Accused in F.I.R.No.92 of 2021 on the file of P.S.,Thungathurthy, Suryapet District.

2. The petitioner is accused of cheating and committing rape on the 2nd respondent. On the basis of the complaint filed on 02.08.2021, FIR was registered for the offences under Section 417, 420, 376(2)(n), 506 r/w 34 of IPC. It is alleged in the complaint that while the 2nd respondent was studying at Dilsukhnagar, she got acquainted with the petitioner herein and they fell in love. For three years they went around and the petitioner also took her to her aunt(cid:146)s place at Uppal and she believed that the petitioner would marry her. With such belief, they had physical relation. Many a times, petitioner took the 2nd respondent to functions in the family and introduced to his relatives as his would be wife. The father of the 2nd respondent was looking for alliance to get the 2nd respondent married, however, the petitioner called her father and insisted not to look for any alliance and that he was going to marry her. Thereafter, the father of the 2nd respondent and relatives went to the house of the petitioner for discussing about the marriage. However, the family members stated that they were not interested in their alliance for the reason of both belonging to different castes. Further, the petitioner and others threatened that they would kill family members of 2nd respondent if they insist for marriage. Thereafter complaint was filed against the petitioner and other family members of the petitioner. According to the petitioner and the learned Public Prosecutor, investigation is still pending before the concerned police.

3. Learned counsel for the petitioner and the 2nd respondent/victim would submit that with the intervention of elders, petitioner and the 2nd respondent had married on 27.12.2021 and a child was also born. They are now living together as husband and wife with the child separately and they do not intend to continue with the case.

4. Learned counsel for the petitioner relied on the judgments of Hon(cid:146)ble Supreme Court in support of his contention that in the event of the parties settling issues and the facts of the case not making out an offence of rape, though alleged in the FIR or charge sheet the same can be quashed. He relied on the following judgments; i) Sonu alias Subhash Kumar v. State of Uttar Pradesh [AIR 2021 Supreme Court 1405]; ii) Pramod Suryabhan Pawar v. State of Maharashtra [(2019) 9 Supreme Court Cases 608]; iii) Dr.Dhruvaram Murlidhar Sonar v. State of Maharashtra [(2019) 18 Supreme Court Cases 191]; iv) Deepak Gulati v. State of Haryana [(2013) 7 Supreme Court Cases 675] and v) Gian Singh v. State of Punjab and another[ (2012) 10 Supreme Court Cases 303].

5. On the other hand, Sri S.Sudershan, learned Additional Public Prosecutor opposed the intervention of this court in quashing the proceedings under Section 482 of Cr.P.C on the ground of compromise when there are serious allegations of rape. The Hon(cid:146)ble Supreme Court in the case of State of Madhya Pradesh v. Laxmi Narayan and others [(2019) 5 Supreme Court Cases 688] case, held that in case of serious offences such as rape or offence against society, High Court under inherent powers cannot quash the proceedings. In view of the judgment of the Hon(cid:146)ble Supreme Court in Laxmi Narayana(cid:146)s case and also in view of the heinous nature of offence alleged, the petition has to be dismissed.

6. Admittedly, the investigation is still pending and during the pendency of investigation, the petitioner and 2nd respondent have married and now they have a child.

7. As seen from the complaint, the allegation of the 2nd respondent is that she was acquainted with the petitioner and they have gone to various places over a period of three years and petitioner has also taken the 2nd respondent to various functions and introduced to his relatives as his would be wife.