KULDEEP SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure seeking for quashing of FIR No. 14 dated 27.1.2017 (Annexure P/1) registered under Sections 376/506 IPC at Police Station Fatehgarh Sahib, and all subsequent proceedings arising therefrom.

(2.) In brief, the facts are that the aforesaid FIR came to be registered by the complainant Punam Devi respondent No.2, stating that she met the petitioner on 24.1.2017 at Gurdwara Amb Sahib, Mohali, when he told her that he would secure some private job for her and gave her his mobile number also. On 27.1.2017, at about 9 a.m. the petitioner phoned up the complainant and told her that he would arrange a meeting with some officers in connection with the job and she should come to Gurdwara Amb Sahib. Consequently, she arrived at Gurdwara Amb Sahib, where from the petitioner took her to Palm Restaurant and told her that the said officer is coming over there. Thereafter, he took the complainant to a room, where he forcibly committed rape on her.

(3.) Learned counsel for the petitioner submits that in fact the petitioner and respondent No.2 had met each other about one year and four months prior to registration of the present FIR and developed intimacy and one day they went to Palm Restaurant and stayed there in a room and had physical relation with the petitioner of her own free will and consent and without any pressure or allurement. However, during the course of that relationship, because of some misunderstanding, a quarrel took place between them and respondent No.2 went away from the room and in the heat of the moment submitted an application leveling allegation of rape against the petitioner. He further submits that now the matter has been compromised between the complainant and the petitioner herein, as no incident, as alleged, had ever taken place. In support of his contentions, he relies on the affidavit duly sworn by the complainant wherein she has stated that she along with the petitioner had gone to Palm Restaurant where she had physical relation with the petitioner out of her own free will. It is further argued that the prosecutrix herself has admitted that they exchanged hot words in the room and since the petitioner used foul language and slapped her, she turned furious and got recorded the FIR against the petitioner. In fact she simply wanted to teach a lesson to the petitioner. It is also argued that there are remote chances of conviction since the matter already stands settled between the parties where it has been recorded that the FIR was got recorded under a mis-apprehension. Reliance is placed on the judgment rendered by the Hon'ble Apex Court in Narinder Singh and others vs. State of Punjab and another, 2014 6 SCC 466, to quash the FIR, in view of the principles and guidelines laid down by the Hon'ble Apex Court pertaining to non-compoundable offences. For ready reference paragraphs No. 29.2 and 29.5 are reproduced as under :-