Search By Topic: Compromise Quashing of FIR/Complaint

1. (SC) 14-07-2025

A. Indian Penal Code, 1860 (45 of 1860), Section 376 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Rape case -- Compromise quashing of FIR – Permissibility of -- Offence u/s 376 IPC is undoubtedly of a grave and heinous nature --  Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly -- However, the power of the Court u/s 482 CrPC to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.

(Para 6)

B. Indian Penal Code, 1860 (45 of 1860), Section 376 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Rape case -- Compromise quashing of FIR – FIR invoking Section 376 IPC, was filed immediately following an earlier FIR lodged by the opposing side -- This sequence of events lends a certain context to the allegations and suggests that the second FIR may have been a reactionary step -- More importantly, the complainant in the second FIR has unequivocally expressed her desire not to pursue the case -- She has submitted that she is now married, settled in her personal life, and continuing with the criminal proceedings would only disturb her peace and stability -- Her stand is neither tentative nor ambiguous -- Parties have amicably resolved their differences and arrived at a mutual understanding -- Continuation of the trial would not serve any meaningful purpose -- It would only prolong distress for all concerned, especially the complainant, and burden the Courts without the likelihood of a productive outcome -- Continuation of the criminal proceedings would only amount to abuse of process -- FIR along with all proceedings arising therefrom, including Sessions Case, quashed.

(Para 7-9)