YOGESH HANDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition under Section 482, Cr.P.C., has been filed by the petitioner, Yogesh Handa, son of Vinod Handa, for quashing of FIR No. 225, dated 22.10.2012, for the offences punishable under Sections 376 and 506, IPC, registered at Police Station, Chhehrretta, Amritsar City, District Amritsar, and all the consequential proceedings arising therefrom, on the basis of compromise.

(2.) The FIR in the present case was registered on the statement of the prosecutrix (name concealed), daughter of Late Balkar Singh, resident of Chhehrretta, aged about 21 years, wherein she alleged that she was a student of Elementary Teachers Training Course and was taking coaching from the Punjab College, Ranjitpura, Putlighar, Amritsar, where the petitioner, Yogesh Handa, had also enrolled himself for coaching classes. Both of them developed intimacy with each other and their meetings turned into love affairs. The mother of the prosecutrix agreed to the proposal of marriage of both of them, but the parents and other family members of the petitioner did not agree on account of their different castes. On 20.10.2012, the petitioner met the prosecutrix and told her that in spite of the denial by his parents for the marriage, both of them would solemnize their marriage. On the same day, at about 7.00 p.m., the prosecutrix along with the petitioner went to Darbar Sahib and thereafter to a room in a hotel. In the night, the petitioner had committed rape on the prosecutrix. In the morning, the petitioner threatened her not to talk to anyone about the said incident otherwise he would kill her and her mother. On the next day, both of them remained together and in the evening, at about 6.00 p.m., the petitioner left the prosecutrix at Chhehrretta and thereafter she went to her house and disclosed everything to her mother, Narinder Kaur.

(3.) On the basis of the above statement, the impugned FIR was registered and the petitioner was arrested on 24.10.2012. After investigation, the charge-sheet (report under Section 173, Cr.P.C.) was presented before the learned Area Judicial Magistrate. Since the offence punishable under Section 376, IPC, was exclusively triable by the Court of Session, therefore, the case was committed to the latter Court. During the pendency of the trial, the better sense prevailed and on 17.1.2013 the prosecutrix effected a compromise (Annexure P-2) with the petitioner at Amritsar. It has been mentioned in the compromise deed that the petitioner would solemnize his marriage with the prosecutrix.