Recently, the Allahabad High Court has quashed the criminal proceedings in a rape case, as the the parties reached to amicable settlement.
Both are Married and Living Happily
An application under Section 482 CrPc was filed challenging the order dated 14.02.2019 passed by the CJM, Hathras.
Criminal Proceedings under Sections 363, 366, 376 IPC were initiated against the applicant.
Applicant No.1 Khajan Singh and Opposite party no. 2 Rekha was present in the Court on the day of the hearing.
As per their statement, they have got married and are living happily as husband and wife.
It was stated that the father of Rekha filed a false and frivolous FIR, but now that the parties have compromised, they want the proceedings to be quashed.
But their application was rejected by CJM observing that the Court does not have jurisdiction to pass orders in such compromise in non-compoundable offences.
Criminal Proceedings of Rape Quashed:
While adjudicating the case, the Hon’ble Court referred to the Supreme Court’s ruling in Gian Singh Vs. The state of Punjab. In this case it was held that parties could get into a compromise even in certain cognizable and non-compoundable offences.
Hon’ble Court also placed reliance on Shaifullah and Others Vs. State of UP & Another, where the Hon’ble Supreme Court took a similar view.
So, in the instant case, the Hon’ble Judge opined that there was no point in prolonging the proceedings as the parties had already settled their dispute.
Impugned order dated 14.02.2019 passed by the CJM, Hathras was set aside. Consequently the criminal proceedings in the case were quashed.
Application filed under Section 482 CrPc was allowed by the Court.
Title: Khajan Singh And Another vs State of UP and Another
Case No.APPLICATION U/S 482 No. – 17985 of 2019
Date of Order: 08.10.2020
Coram: Hon’ble Justice Manju Rani Chauhan
Counsel for Applicant:- Pankaj Sharma, Prashant Sharma
Counsel for Opposite Party:- GA.