Case Note & Summary
The petitioner, Ravindra Laxman Ghogardare, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad seeking quashing of FIR No. I266/2018 registered at Kotwali Police Station, Ahmednagar for offences under Sections 376(2)(n), 420 and 312 of the Indian Penal Code. The FIR was lodged by respondent no.2, Sanjivani Ramdas Duche, alleging that the petitioner had sexual relations with her on the promise of marriage and later refused to marry her, and also caused her to miscarry. During the pendency of the petition, the parties entered into a compromise and got married. They were living together as husband and wife. The court considered the submissions of the advocates for both sides and the fact that the parties had amicably settled the dispute. The court noted that the continuation of criminal proceedings would be an abuse of the process of law. The court exercised its inherent powers under Section 482 of the Code of Criminal Procedure, 1973 and quashed the FIR and all consequential proceedings. The petition was allowed.
Headnote
A) Criminal Law - Quashing of FIR - Compromise in Non-Compoundable Offences - Inherent Powers under Section 482 CrPC - FIR registered for offences under Sections 376(2)(n), 420 and 312 IPC - Parties married and living together, no coercion alleged - Held that continuation of proceedings would be an abuse of process of law, FIR quashed (Paras 1-5).
Issue of Consideration
Whether the FIR registered for offences under Sections 376(2)(n), 420 and 312 of the Indian Penal Code should be quashed in view of the compromise between the parties and the subsequent marriage of the petitioner and respondent no.2.
Final Decision
The petition is allowed. FIR No. I266/2018 registered with Kotwali Police Station, Ahmednagar for the offences punishable under Sections 376(2)(n), 420 and 312 of the Indian Penal Code and all consequential proceedings are quashed and set aside.
Law Points
- Quashing of FIR
- Compromise in non-compoundable offences
- Inherent powers under Section 482 CrPC
- Prima facie case
- Rape
- Cheating
- Causing miscarriage
Case Details
2019 LawText (BOM) (01) 156
Criminal Writ Petition No.1810 of 2018
S.S. Shinde, R.G. Avachat
Mr. D.C. Awari for Petitioner, Mr. S.B. Joshi APP for Respondent/State, Mr. R.C. Bora holding for Mr. R.P. Bidwe for respondent no.2
Ravindra Laxman Ghogardare
State of Maharashtra, Miss Sanjivani Ramdas Duche
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Nature of Litigation
Criminal Writ Petition for quashing of FIR
Remedy Sought
Quashing of FIR No. I266/2018 registered at Kotwali Police Station, Ahmednagar for offences under Sections 376(2)(n), 420 and 312 IPC
Filing Reason
Allegations of rape on promise of marriage, cheating, and causing miscarriage
Issues
Whether the FIR should be quashed in view of the compromise and marriage between the parties
Submissions/Arguments
Petitioner argued that the parties have compromised and married, and continuation of proceedings would be abuse of process.
Respondent no.2 did not oppose the quashing.
Ratio Decidendi
When the parties have amicably settled the dispute and are living together as husband and wife, continuation of criminal proceedings would be an abuse of the process of law, warranting quashing of FIR under inherent powers.
Judgment Excerpts
Heard.
Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.
This Petition is filed praying therein to quash and set aside the FIR vide Crime No. I266/2018, registered with Kotwali Police Station, Ahmednagar, for the offences punishable under Sections 376 (2) (n), 420 and 312 of the Indian Penal Code.
In brief, it is alleged in the FIR by respondent no.2 that, the petitioner had sexual relations with her on the promise of marriage and later refused to marry her, and also caused her to miscarry.
The petition is allowed.
Procedural History
The petitioner filed Criminal Writ Petition No.1810 of 2018 before the Bombay High Court at Aurangabad seeking quashing of FIR. The petition was reserved on 31.01.2019 and pronounced on 05.02.2019.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 376(2)(n), 420, 312
- Code of Criminal Procedure, 1973 (CrPC): 482
