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Himachal Pradesh High Court Lays Down Principles for Quashing Criminal Proceedings in Non-Compoundable Sexual Offences Based on Compromise
The Himachal Pradesh High Court quashed FIR and criminal proceedings related to a rape case, considering the bitterness that led to the filing of the FIR and the subsequent marriage between the accused and the victim, who were in a live-in relationship. The court, led by Justice Ranjan Sharma, elucidated principles for handling pleas seeking to quash criminal proceedings involving non-compoundable sexual offences based on compromise.
Key Points:
The petitioner sought the quashing of offences under Section 376 IPC and Section 4 of the POCSO Act, citing a live-in relationship with the victim, marriage prior to the FIR registration, and an amicable settlement facilitated by family intervention.
Both the complainant and the victim sought to set aside the FIR and criminal proceedings to prevent bitterness and enmity.
The court acknowledged the peculiar facts of the case and invoked its inherent powers under Section 482 of the CrPC to secure the ends of justice.
It referred to Supreme Court precedents and laid down principles, emphasizing that the power to quash under Section 482 extends to non-compoundable offences and should be exercised judiciously.
Serious offences like rape and murder cannot be quashed solely based on settlement, while offences of a civil nature may warrant quashing.
The court stressed that the decision to quash criminal proceedings should consider the well-being of the victim and the possibility of conviction.
In this case, continuing proceedings would serve no purpose and may harm the parties involved, leading to bitterness and societal repercussions.
Therefore, the court allowed the appeal, setting aside the FIR and criminal proceedings to prevent further harm to the victim and her family.
Case Details:
Case Title: X vs. State of Himachal Pradesh
Case No.: Cr.MMO No.171 of 2024
Citation: 2024 Latest Caselaw 1 HP
Coram: Justice Ranjan Sharma
Advocates for the Petitioner: Mr. Manoj Pathak and Mr. Harsh Shroal
Advocates for the Respondent: Mr. Ajit Sharma, Deputy Advocate General
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