JASBIR SINGH ALIAS BABBU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for quashing of FIR No. 156 dated 7.7.2014, registered under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") at Police Station Ajnala, District Amritsar (Rural) along with all the consequential proceedings arising therefrom.

(2.) AS per the averments made in the petition, no offence under Section 376 IPC is made out and it was a case of consent. The petitioner could not marry the prosecutrix as they belong to the same village and the whole village community was against their relationship due to the honour of the families. It is also alleged that now the parties have settled their dispute amicably in the interest of peace and harmony out of their free will and without any pressure or coercion from any quarter. The copy of the compromise deed and affidavit sworn by the prosecutrix have been annexed as Annexures P2 and P3, respectively. Hence, this petition.

(3.) LEARNED counsel for the petitioner pleaded that it was a consensual affair between the petitioner and the prosecutrix. He could not marry the prosecutrix due to opposition by the village community. So, no offence punishable under Section 376 IPC is made out against the petitioner. She further contended that the allegations regarding forcible rape in the FIR has only been mentioned to get the case registered. She further contended that moreover, now the parties have settled their dispute and a compromise has been effected. The written compromise and the affidavit of the prosecutrix are Annexures P2 and P3, respectively. The continuation of the proceedings will be an abuse of the process of law. In order to maintain the peace and harmony between the parties by using inherent powers, the Court should quash the proceedings.