VIKASH KUMAR Vs. STATE

JUDGEMENT

(1.) Crl.M.A.51050/2021(Exemption)

(2.) The facts as stated in the petition are that the prosecutrix and the petitioner were having friendly relations as the they were working in the same Factory and living in Delhi and the prosecutrix was a widow lady as her first husband had already expired. It is alleged that the prosecutrix and the petitioner become friends and fell in love with each other and both started residing together and intend to marry. It is alleged that the petitioner had physical relationship with the prosecutrix. It is alleged that for two years both were living in same house like husband and wife. It is alleged that the petitioner went to his native village and did not contact the prosecutrix, which created a doubt in the mind of the prosecutrix that the petitioner has committed fraud on her, as a result of which, she lodged a complaint with Police Station Prasad Nagar. The instant FIR was registered on 03.07.2020. It is stated that when the petitioner came back to Delhi and came to know about the registration of the FIR. He told all the facts to the prosecutrix and the reasons he could not contact her. The prosecutrix and the petitioner have resolved their all disputes and they solemnized their marriage on 01.10.2s020, according to Hindu Rites and ceremonies. The petitioner prays for quashing of the FIR on the ground that the prosecutrix and the petitioner have got married.

(3.) It is well settled that the power under Section 482 Cr.PC is to be distinguished from the powers which lies with the Court to compound the offences compoundable under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has the power to quash even in those offences which are not compoundable, where the parties have settled the matter between themselves, but the power has to be exercised fairly and with caution. Offence of rape is a heinous crime punishable under Section 376 IPC.