RUPINDER KARWASRA Vs. STATE OF H. P.

JUDGEMENT

(1.) The present petition, under Section 482 of the Code of Criminal Procedure, has been maintained by the petitioner for quashing of F.I.R No. 48 of 2020, dated 05.11.2020, under Section 376 IPC, registered at Women Police Station Baddi, District Solan, H.P., alongwith all consequent proceedings arising out of the said F.I.R..

(2.) Tersely, the facts giving rise to the present petition are that on 05.11.2020 the prosecutrix made a complaint to the police, wherein she stated that for the last three years she is residing with Rupinder Karwasra (petitioner herein), who on the pretext of marriage, committed sexual intercourse with her on many times and when she asked him to marry her, he refused. Upon the complaint, so made by the complainant, police registered F.I.R No. 48 of 2020, dated 05.11.2020, under Section 376 IPC, at Women Police Station Baddi, District Solan, H.P., and the investigation ensued. During the course of investigation, police arrested the petitioner and all the codal formalities were completed. However, now the parties have arrived at a compromise and to this effect affidavits, Annexures P-2 and P-3 have been filed alongwith the instant petition. The parties in order to maintain their relation cordial, do not want to pursue the case against each other, as the FIR has been registered by the prosecutrix without knowing the real cause of the incident, however after knowing the fact of the incident, she wants to withdraw the FIR, hence the present petition.

(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter, through affadavits Annexures P-2 and P-3, no purpose will be served by keeping the proceedings alive, hence the FIR, alongwith consequent proceedings, arising out of the same may be quashed and set aside.