Punjab and Haryana High Court quashes FIR in rape case after accused, victim tie knot

Tribune News Service

Saurabh Malik

Chandigarh, January 25

The Punjab and Haryana High Court has quashed an FIR in a rape case on the basis of a compromise after making it clear that the chances of conviction appeared to be bleak and prolongation of the proceedings will merely wastage of valuable judicial time. The courts are already over-strained, Justice Jagmohan Bansal of the High Court added.

The ruling came in a case where the petitioner-accused and the complainant solemnised wedding and were residing together. The matter was placed before Justice Bansal’s Bench after the accused filed a petition for quashing the FIR registered on November 20, 2020, for cheating and rape under Sections 420 and 376 of the IPC at the Division 6 police station in District Police Commissionerate, Jalandhar. Directions were also sought for quashing all other consequential proceedings on the basis of compromise/affidavit dated February 12, 2021.

Appearing before Justice Bansal’s Bench, the state counsel on instruction from the investigating officer submitted that he had no objection if the FIR and consequent proceedings were quashed in view of the compromise.

During the course of hearing, Justice Bansal took on record a report by the Jalandhar Chief Judicial Magistrate in terms of HC order dated September 22, 2022. Among other things, the judicial officer observed that the compromise was genuine, voluntary, without any coercion or undue influence and was a result of free will of the parties in view of the statements of the complainant and the accused/petitioner.

In his detailed order, Justice Bansal relied on Supreme Court’s earlier judgments dealing with the HC’s power under Section 482 of the CrPC to quash non-compoundable offences on the basis of compromise between the disputing parties.

Justice Bansal added: “From the perusal of the enclosed FIR, the trial court report and the compromise arrived between the parties, it transpires that the contesting parties have amicably resolved their issue. Thus, no useful purpose would be served by continuing the proceedings. There appears to be no chance of conviction, the continuance of the proceedings would waste valuable judicial time and it.”

No chance of conviction

There appears to be no chance of conviction, the continuance of the proceedings will just waste the valuable time and it is a well-known fact that courts are already overburdened. — Justice Jagmohan Bansal

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