The Allahabad High Court recently quashed a rape FIR against the accused person following further analysis of the recorded submissions showing that the parties had married each other following a compromise, and that the complaint involved false allegations by the woman’s father
By: Gokul Kumar
A recent case brought to the Allahabad High Court involving an FIR of an alleged rape was quashed by the court after recorded submissions showed that both of the parties had wedded each other following a compromise. The FIR was rejected as the complaint had involved false and frivolous allegations filed by the woman’s father.
While the FIR was allowed to be filed under Section 482 of Code of Criminal Procedure, it was to Justice Manju Rani Chauhans discernment in the court order; “Considering the facts and circumstances of the case… and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above-mentioned criminal case as the parties have already settled their dispute.”
The applicants challenged the impugned order which was earlier passed by Chief Judicial Magistrate as well as the proceedings entailed in Case. 5 of 2008 (State Vs. Khajan Singh & Others)
It has been stated that the two applicants had gotten married and have been living happily as husband and wife. The FIR which was submitted by the father of the woman was deemed false and frivolous.
Following the compromise, an application was submitted for movement to be quashed before the lower court. This was rejected on grounds that the court doesn’t have jurisdiction to pass such an order when the matter of non-compoundable offences is concerned.
However, the High Court referred to the case of Gian Singh Vs. State of Punjab (2012) 10 SCC 303, in which the Supreme court held that even in respect of various cognizable and non-compoundable offences a compromise can be held between parties, contingent of the facts and circumstance of the case of course.
In addition to this settlement the top court had clarified that such heinous offences which induce a serious impact on society, that of rape, murder, robbery etc. “cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute”, adding that “… the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
The Allahabad High Court opined that this case was circumstantial in that the criminal proceedings be quashed, which allowed for the application to be allowed thus quashing the rape FIR.