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 repeatedly raped her on the false promise of marriage and also caused her to miscarry. The parties, however, subsequently married and were living together as husband and wife. The petitioner contended that the allegations were false and that the couple had resolved their differences. The respondent no.2 appeared and stated that she had no objection to the quashing of the FIR. The State opposed the petition, arguing that the offences were serious and non-compoundable. The Court, after hearing the parties, observed that the parties had married and were living together, and that the respondent no.2 did not support the prosecution. The Court held that continuing the criminal proceedings would be an abuse of the process of law and that the ends of justice would be served by quashing the FIR. The Court allowed the petition and quashed the FIR, relying on its inherent powers under Section 482 of the Code of Criminal Procedure, 1973.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Inherent Powers - Section 482 CrPC - Compromise in Non-Compoundable Offences - The Court considered whether an FIR for rape, cheating, and causing miscarriage can be quashed based on compromise. The parties married and lived together; the Court held that continuing prosecution would be an abuse of process of law, and quashed the FIR to secure the ends of justice. (Paras 4-6) B) Indian Penal Code - Rape - Section 376(2)(n) - Prima Facie Case - The FIR alleged repeated rape on false promise of marriage. However, the parties married and lived together; the Court found no prima facie case of rape as the relationship was consensual and the couple was living as husband and wife. (Paras 3-5) C) Indian Penal Code - Cheating - Section 420 - Causing Miscarriage - Section 312 - The allegations of cheating and causing miscarriage were also considered. Since the parties married and the respondent no.2 did not support the prosecution, the Court held that no useful purpose would be served by continuing the trial. (Paras 4-5)
Issue of Consideration
Whether the FIR registered for offences under Sections 376(2)(n), 420 and 312 of the Indian Penal Code can be quashed on the basis of compromise between the parties, especially when the parties have married and are living together.
Final Decision
The petition is allowed. FIR No. I266/2018 registered with Kotwali Police Station, Ahmednagar for offences under Sections 376(2)(n), 420 and 312 of the Indian Penal Code is 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
