JITENDER Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioner-accused under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 94/2012 dated 26th April, 2012 registered against him at Mianwali Nagar Police Station at the instance of respondent No. 2 under Sections 376/ 506 of the Indian Penal Code, 1860. During investigation the respondent No. 2/complainant, however, had made a statement on 30/04/2012 under Section 164 of the Criminal Procedure Code before the Magistrate exonerating the petitioner against whom she had in her FIR alleged that he had raped her. However, the police charge-sheeted the petitioner.

(2.) The petitioner has now filed this petition for quashing of the FIR as well as the charge sheet filed in the Court on the ground that the complainant/respondent No. 2 having herself repudiated the fact that rape was committed on her by the petitioner before the Magistrate in her statement under Section 164 of Cr. P.C. no useful purpose would be served by continuing his prosecution.

(3.) An affidavit dated 10th July, 2012 was filed by the complainant/respondent No. 2 in this matter that she had rightly stated in her statement under Section 164 of Cr. P.C. that she was not raped by the petitioner and so the FIR could be quashed. She appeared in Court also on 30.08.2012 and had reiterated the same thing and had also stated that matter had been compromised also.