Case Note & Summary
The applicant, Mohammed Aamir Ansari, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.86/2018 registered at Balapur Police Station, District Akola, for an offence under Section 376(2)(N) of the Indian Penal Code, 1860, at the instance of respondent No.2, Nuzhat Parvin. The application also sought quashing of the order dated 21.08.2019 passed by the Sessions Judge in Sessions Trial No.132/2018, which rejected the applicant's discharge application. The allegations were that the applicant, expressing exclusive love, seduced respondent No.2 into a sexual relationship, with the last incident occurring on 13.02.2018. The affair was exposed by a shepherd named Sheikh Biram. The parties subsequently entered into a compromise, and respondent No.2 married the applicant. Respondent No.2 filed an affidavit stating that the relationship was consensual and that she did not wish to prosecute the case. The High Court, after hearing the parties, noted that the compromise was genuine and that the victim supported the quashing. The court held that continuing the prosecution would be an abuse of the process of law, especially since the parties had settled the matter and were living together. The court quashed the FIR and set aside the order rejecting discharge, allowing the application.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in non-compoundable offences - The High Court quashed FIR under Section 376(2)(N) IPC and set aside the order rejecting discharge, as the parties had entered into a compromise, the victim married the applicant, and the relationship was consensual. Held that continuing prosecution would be an abuse of process of law. (Paras 1-8)
B) Indian Penal Code - Rape - Section 376(2)(N) - Consensual relationship - The allegations of rape were based on a promise of marriage, but the parties subsequently married and settled the matter. The court held that the ingredients of rape were not made out in view of the compromise and the fact that the victim supported the quashing. (Paras 3-8)
Issue of Consideration
Whether the FIR registered under Section 376(2)(N) of IPC and the subsequent sessions trial can be quashed on the basis of a compromise and settlement between the parties, given that the relationship was consensual and the parties have married each other.
Final Decision
The High Court allowed the application, quashed FIR No.86/2018 and set aside the order dated 21.08.2019 rejecting discharge.
Law Points
- Quashing of FIR under Section 482 CrPC
- Compromise in non-compoundable offences
- Consensual sexual relationship
- Section 376(2)(N) IPC
Case Details
2020 LawText (BOM) (02) 140
Criminal Application (APL) No. 999 of 2019
Sunil B. Shukre, Madhav J. Jamdar
Shri M. Badar for Applicant, Ms S. V. Kolhe (APP) for Respondent No.1, Shri A. M. Tirukh for Respondent No.2
Mohammed Aamir Ansari S/o. Gulam Zakir Ansari
State of Maharashtra, Nuzhat Parvin D/o. Abdul Akil
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and sessions trial order.
Remedy Sought
Quashing of FIR No.86/2018 under Section 376(2)(N) IPC and order dated 21.08.2019 rejecting discharge.
Filing Reason
Allegations of rape based on promise of marriage; parties subsequently married and compromised.
Previous Decisions
Sessions Judge rejected discharge application on 21.08.2019.
Issues
Whether FIR under Section 376(2)(N) IPC can be quashed on basis of compromise between parties.
Whether order rejecting discharge should be set aside.
Submissions/Arguments
Applicant argued that relationship was consensual and parties have married, so continuation is abuse of process.
Respondent No.2 filed affidavit supporting quashing, stating no objection.
State opposed but court considered compromise.
Ratio Decidendi
Where the parties to a prosecution under Section 376(2)(N) IPC have entered into a genuine compromise, the victim has married the accused and supports quashing, continuing the prosecution would be an abuse of the process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
By this application, the FIR registered vide Crime No.86/2018 at Police Station Balapur, District Akola for an offence punishable under Section 376(2)(N) of Indian Penal Code at the behest of respondent No.2 has been sought to be quashed and set aside.
The allegations made against the applicant, in short, are that, the applicant expressing his exclusive love for respondent No.2, seduced her into having sexual relationship with him and did have sexual intercourse on many occasions.
In the present case, the parties have entered into a compromise and the respondent No.2 has married the applicant. The respondent No.2 has also filed an affidavit stating that she does not wish to prosecute the case and that the relationship was consensual.
In view of the above, we are of the opinion that continuing the prosecution would be an abuse of the process of law. Hence, the application is allowed.
Procedural History
FIR registered on 13.02.2018; charge-sheet filed; Sessions Trial No.132/2018; discharge application (Ex.14) rejected on 21.08.2019; present application filed under Section 482 CrPC on 12.02.2020.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 376(2)(N)
