AI Overview...
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Section 376 IPC - Seriousness of Offence
Courts consistently recognize that offences under Section 376 IPC (rape) are grave and against societal interests, and generally cannot be quashed solely based on a compromise between parties. This is emphasized in multiple judgments, which highlight the gravity of the offence and its impact on society Sakh Alam @ Shekh Alam VS State (Govt. of Nct, Delhi) - Delhi, SWATANTRA KUMAR JAYSAWAL vs STATE & ANR. - Delhi, Mohammad Farooq VS State of H. p. - Himachal Pradesh. -
Compromise and Its Limitations
While parties may settle disputes amicably, courts tend to be cautious in allowing the quashing of FIRs under Section 376 IPC through compromise, especially when public interest and the nature of the offence are involved. The courts have clarified that such offences are non-compoundable or not quashable on the basis of settlement, to uphold societal morals and justice Sanjeev Kumar VS State of U. P. - Allahabad, Gurminder Singh, S/o Sh. Himmat Singh VS State Of Himachal Pradesh - Himachal Pradesh. -
Exceptions and Circumstances
Some judgments have acknowledged scenarios where the parties are married or have settled their personal issues, and the continuation of proceedings might adversely affect their lives. In such cases, courts have sometimes quashed FIRs under Section 376 IPC, especially if the offence was committed in a private setting and the victim consents, but this remains an exception rather than the rule Zachristo Nag VS State of Haryana - Punjab and Haryana, Rajesh Kumar VS State of U. P. - Allahabad. -
Legal Principles and Judicial Approach
The overarching principle is that offences under Section 376 IPC are of a serious nature, and the public interest involved outweighs the parties' desire for settlement. Quashing such FIRs is generally disallowed unless there are exceptional circumstances, such as the victim's full consent, the offence being committed in a private setting, and the court being satisfied that continuation would not serve the interest of justice Gurminder Singh, S/o Sh. Himmat Singh VS State Of Himachal Pradesh - Himachal Pradesh, Sanjeev Kumar VS State of U. P. - Allahabad.
Analysis and Conclusion
Judgments indicate a cautious approach towards quashing FIRs under Section 376 IPC on the basis of compromise due to the offence's seriousness. While some cases involving private settlements or marriage have led to quashing, these are exceptions rather than the norm. The courts prioritize societal interests and the gravity of the offence over private agreements, emphasizing that offences like rape are not easily dismissible through settlement. Therefore, the likelihood of quashing under Section 376 IPC depends on specific circumstances, with a general tendency to uphold the FIR to serve justice and societal morality.
References:
- Sakh Alam @ Shekh Alam VS State (Govt. of Nct, Delhi) - Delhi, SWATANTRA KUMAR JAYSAWAL vs STATE & ANR. - Delhi, Mohammad Farooq VS State of H. p. - Himachal Pradesh: Emphasis on the non-quashability of serious offences like Section 376 IPC based on settlement.
- Sanjeev Kumar VS State of U. P. - Allahabad, Gurminder Singh, S/o Sh. Himmat Singh VS State Of Himachal Pradesh - Himachal Pradesh: Discuss the limits of quashing proceedings where compromise is involved, highlighting the gravity of the offence.
- Zachristo Nag VS State of Haryana - Punjab and Haryana, Rajesh Kumar VS State of U. P. - Allahabad: Cases where private settlement or marriage led to quashing, indicating exceptions.
Search Results for "Judgement of under Section 376 Ipc on the Basis of Compromised"
2022 0 Supreme(HP) 595 • India - Himachal Pradesh
SANDEEP SHARMA
- Section 482 and 320 - Quash FIR - Compromised Between Parties - No doubt, while exercising power under Section 482 Cr.P.C, for ... Indian Penal Code, 1860 - Sections 307, 376, 376(2) (n), 452, 497 and 506 – Criminal Procedure Code, 1973 ... 482 Cr.P.C, deems it fit to quash FIR lodged against petitioner-accused under Sections 376, 376(2)(n), 452, 497 and 506 of IPC - ... and circumstances of the....
2024 0 Supreme(All) 535 • India - Allahabad
SAMIT GOPAL
Section 482 Cr.P.C. - Quashing of Proceedings - Sections 376, 313 I.P.C. and 3/4 of POCSO Act - 375 Sixthly ... against him under Sections 376, 313 I.P.C. and 3/4 of POCSO Act. ... of IPC - Special Statute - Compromise - Prosecution cannot be quashed on the basis of compromise - Age of victim - Consent of minor ... Sanjeev Kumar) and impugned Charge sheet No.1 dated 26.11.2023 filed against applic....
• India - High Court of Himachal Pradesh
CRIMINAL - QUASHING OF FIR - SECTION 482 CRPC - COMPROMISE - SECTION 376 IPC AND SECTION 67 OF THE INFORMATION TECHNOLOGY ACT, ... 2000 - [The High Court quashed an FIR registered under Section 376 IPC and Section 67 of the Information Technology Act, 2000, on ... Issues: Whether the High Court can quash an FIR registered under Section 376 IPC and Sec....
2023 0 Supreme(Del) 5332 • India - Delhi
SUDHIR KUMAR JAIN
The court emphasized that serious offences like section 376 IPC cannot be quashed on the basis of settlement between the parties. ... quashing of FIR registered under section 376 IPC and section 6 of the POCSO Act. ... 376 IPC cannot be quashed on the basis of settlement between the parties. ... 376 IPC and section 6 POCSO Act at P.S. ... It ha....
2020 0 Supreme(All) 766 • India - Allahabad
RAVI NATH TILHARI
Veerpal and others), under Sections 392, 504, 506, 376, IPC in respect of applicant no.3 and under Sections 392, 504, 506, IPC in ... 504, 506, 376, IPC in respect of applicant no.3 and under Sections 392, 504, 506, IPC in respect of applicant nos. 1, 2 & 4, Police ... Code of Criminal Procedure, 1973 – Sections 202, 482 – Penal Code, 1860 – Sections 392, 504, 506, 376 – ... In D....
2017 0 Supreme(P&H) 851 • India - Punjab and Haryana
RITU BAHRI
Indian Penal Code, 1860, S.376--Rape--Quashing--Compromise--Couple are residing happily now as husband and wife--Compromise has been ... JUDGMENT ... Ms. Ritu Bahri , J. (Oral) - Quashing of FIR No. 20 dated 13.02.2016 under Section 376 IPC, registered at Women Police Station, Gurgaon, is being sought on the basis of compromise deed dated 07.11.2016(Annexure P-3). ... Accordingly, FIR No. 20 dated 13.02.2016 under ....
• India - Delhi High Court
The complainant had lodged an FIR against the petitioner, and the police had registered a case under Section 376 IPC. ... The court held that rape is a serious offence against society and cannot be compromised away. ... Ratio Decidendi: The court held that rape is a serious offence against society and cannot be compromised away. ... He further submitted that no doubt, the parties have amicably settled the dispute between them but the offence under Section 376 #HL_S....
2024 Supreme(Online)(Del) 31248 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA, J
Section 376 of IPC be Quashed on the Basis of Compromise? Section 376 of IPC ? 22.
2015 0 Supreme(P&H) 1172 • India - Punjab and Haryana
SABINA
... Indian Penal Code, 1860, S.376--Rape--Compromise between parties ... Rape--Quashing--Compromise between parties--Since they are married, continuation of criminal proceeding would adversely affect their ... In the present case, FIR was registered qua commission of offence punishable under Section 376 IPC. In normal circumstances, FIR under Section 376 IPC is not quashed on the basis of #HL_STAR....
2019 0 Supreme(HP) 961 • India - Himachal Pradesh
SANDEEP SHARMA
Section 482 - Quashing of FIR - Indian Penal Code - [Section 376] - [Summary of Acts and Sections: The court discussed the power ... Issues: The issues involved the quashing of the FIR under Section 376 of the Indian Penal Code and the consequent proceedings ... Final Decision: The court quashed the FIR No.16/19 dated 29.4.2019, under Section 376 of Indian Penal Code, and the consequent ... By ....
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