JUBER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482, CrPC, filed by the accused-petitioner, seeking quashment of FIR 235 dated 14.9.1996 under Section 377, IPC, registered in Police Station, Tauru (District Gurgaon) and all subsequent proceedings, arising out of the said FIR, on the basis of the compromise.

(2.) IN the petition, it was alleged that the petitioner was challaned by the Police in the aforesaid FIR, which was lodged by complainant-respondent No. 1, Shaukat. It was alleged that after the submission of the challan, the accused-petitioner was tried for the offence under Section 377, IPC and vide judgment dated 20.8.1999, he was convicted under Section 377 IPC, and was sentenced to undergo RI for three years and to pay a fine of Rs. 5000/-. It was alleged that aggrieved against the aforesaid judgment of the trial Court, the accused-petitioner had filed an Appeal before the Sessions Court and the same was now fixed 16.10.2001. It was alleged that during pendency of the Appeal, the accused-petitioner and the complainant-respondent No. 2, arrived at a compromise with the intervention of the respectables of the village, including the Sarpanch and the Lambardar and as a result of the said compromise, the parties had resolved their dispute amicably. A copy of the said compromise was attached as Annexure P3 with the petition. It was alleged that under section 320, IPC, some of the offences were compoundable by the aggrieved persons and some of the offences were compoundable by the aggrieved persons but with the leave of the Court. It was alleged that the offence under Section 377, IPC, was not compoundable even with the permission of the Court and as such, the inherent powers of this Court were being invoked for quashing the aforesaid FIR. It was alleged that this Court and the Hon'ble Supreme Court, in various cases, had shown indulgence and had compounded the offences, even at the appellate stage.

(3.) I have heard learned counsel for the accused-petitioner and gone through the record carefully.