Case Note & Summary
The petitioner filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. I-0616 of 2019 registered at Ambarnath Police Station, Thane, for offences under Sections 376 (rape), 313 (causing miscarriage without consent), and 406 (criminal breach of trust) of the Indian Penal Code, 1860. The petitioner and the second respondent (victim) submitted that they had amicably settled the dispute and that the victim had filed an affidavit stating her voluntary consent to the quashing. The victim was present in court and confirmed the settlement. The learned Additional Public Prosecutor opposed the petition, arguing that the allegations were serious, involving rape and abortion, and that such offences have a societal impact. The court, after considering the rival submissions and perusing the FIR and original record, held that the offences under Sections 376 and 313 IPC are non-compoundable and heinous, and quashing on the basis of compromise would be against public policy. The court relied on the principles laid down by the Supreme Court in Gian Singh v. State of Punjab, Parbatbhai Aahir v. State of Gujarat, and State of M.P. v. Laxmi Narayan, which hold that while the High Court has inherent powers to quash proceedings, such powers should not be exercised for serious offences like rape. The court dismissed the petition, refusing to quash the FIR.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Inherent Powers - Sections 482 CrPC - Non-compoundable Offences - The court considered whether an FIR for rape and abortion can be quashed on compromise. Held that offences under Sections 376 and 313 IPC are serious and against society, and quashing on settlement is not permissible (Paras 7-9).
Issue of Consideration
Whether an FIR registered for offences under Sections 376, 313 and 406 of the Indian Penal Code can be quashed on the basis of a settlement between the parties.
Final Decision
The petition is dismissed. The FIR No. I-0616 of 2019 registered with Ambarnath Police Station under Sections 376, 313 and 406 of the Indian Penal Code is not quashed.
Law Points
- Quashing of FIR on compromise
- Non-compoundable offences
- Inherent powers under Section 482 CrPC
- Rape and abortion offences
- Settlement in heinous crimes
