NARENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (here -in -after called 'Cr.P.C.') for quashing of FIR No.150 dated 31.05.2014 under Sections 323, 342, 376 and 506 of the Indian Penal Code, 1860 (here -in -after called 'IPC'), Police Station Chandhut, Distt. Palwal, Haryana as well as all the consequent proceedings arising out of the same on the basis of amicable settlement/compromise (Annexure P -4) between the parties.

(2.) LEARNED counsel for the petitioner contended that the petitioner and respondent No.2 are closely related. Petitioner is the brother -in -law of respondent No.2 the prosecutrix and they belong to one family. In order to have harmony in the family, the matter has been amicably settled between the parties as per the compromise Annexure P -4. He contended that the continuation of the present proceedings shall be an abuse of process of law and will also create strained relations amongst the members of the family. Thus, the present FIR and the consequent proceedings should be quashed. To support his contentions, he has relied upon cases Surinder Kamboj and others Vs. State of Punjab and another, 2008 1 RCR(Cri) 21 and Harpal Singh alias Soni Vs. State of Haryana and others, 2008 4 RCR(Cri) 459.

(3.) I have duly considered the aforesaid contentions. As per the prosecution allegations, on 31.05.2014 in the night at around 1:00 A.M., the prosecutrix/respondent No.2 was sleeping on the roof of her house along with her children. She went down stairs to answer the call of nature. Then, the present petitioner came and stood in front of her. When she asked him as to what he was doing there, he gaged her mouth and started molesting her. She tried to shout. The petitioner tied her hands and mouth with duppta. Inspite of repeated refusals, the petitioner did not let the prosecutrix to go and gave her beating with a stick and, thereafter, he did wrong act with her and threatened to ruin her life. On this statement of the prosecutrix, the present case was registered under Sections 323, 342, 376 and 506 IPC. So, there are clear allegations in the FIR that petitioner committed rape upon the prosecutrix. The copy of the statement made by the prosecutrix in the Court has also been attached as Annexure P -2 wherein also the prosecutrix has categorically deposed that the petitioner assaulted her with danda and committed rape upon her and also threatened to kill and defame her. As per the law laid down by the Hon'ble Supreme Court in case State of Haryana and others Vs. Ch. Bhajan Lal and Others, 1991 1 RCR(Cri) 383, the powers under Section 482 Cr.P.C. can only be exercised where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.