- (1.) Petitioners, namely, Arjinder Singh, Geeta and Gurdeep Kaur, are accused in FIR No.63 dated 21.05.2015 registered under Sections 376, 120-B read with Section 34 of Indian Penal Code at Police Station Beas, Amritsar Rural. The aforesaid FIR was registered on the basis of complaint made by respondent No.2 alleging therein that petitioner No.1-Arjinder Singh used to come to meet her whenever he came to his maternal Aunt. Subsequently, there was exchange of telephonic calls and she even accompanied the accused and visited the restaurant. Petitioner No.1 gave assurance of marriage and developed physical relations with complainant-respondent No.2 on the pretext of marriage. Subsequently, with the intervention of family members, the dispute was settled between the parties. An affidavit has also been given by the complainant stating therein that the aforesaid FIR was registered due to some misunderstanding. Complainant-respondent No.2 has also stated that she has no objection in quashing of the FIR and other proceedings.
(2.) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR on the basis compromise arrived at between the parties. Learned counsel for the petitioner submits that the petitioners were falsely implicated in the case whereas no offence is made out against them. Complainant-respondent No.2 has no objection in quashing of the FIR and other proceedings. Heard arguments of learned counsel for the petitioners and have also perused the allegations levelled in the FIR and other documents available on the file. As per allegations levelled in the FIR, the physical relations were developed by petitioner No.1 on the pretext of marriage but subsequently, an affidavit has been given by the complainant that the aforesaid FIR was registered due to some misunderstanding. Offence under Section 376 IPC is non-compoundable and the same cannot be quashed simply by stating that the FIR was registered due to some misunderstanding. Whether any assurance was given or not or there was consent or not, cannot be considered at this stage as the same is a matter of evidence.
(3.) In an offence of serious nature like the present one, to quash the FIR on the basis of compromise is not justified as offence of rape is such an offence, which not only casts stigma on the reputation of a girl but spoils the future prospects as well. Even if a false case has been registered by the complainant and the physical relations were developed between the parties with mutual consent registeration of an FIR against the accused persons also causes great harm to the accused. Although in case, the complainant does not support the case of the prosecution, the accused can be acquitted of the charge after considering the evidence on record but to quash the FIR in an offence, which is non-compoundable at this stage only on the basis of compromise, would give an adverse message to the society.;