This Criminal Procedure Code application sought to quash FIR and proceedings under S. 376 IPC based on a compromise agreement. The court held that proceedings cannot be quashed at this stage due to the nature of the offence and the applicant's prior evasion.
Application to quash charge-sheet and proceedings under S. 376 IPC rejected.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 40743 of 2019
Applicant :- Rakesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Dhar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Shashi Dhar Pandey, learned counsel for the applicant and learned AGA for the State.
The present application u/s 482 Cr.P.C. has been filed for quashing the charge-sheet dated 15.5.2010 as well as proceeding of S.T. no. 1097 of 2010 arising out of Case Crime no. 117 of 2010, u/s 363, 366, 376, 120-B IPC P.S. New Agra, District Agra pending in the court of F.T.C., Agra.
Learned counsel for the applicant states that the F.I.R. was lodged against the applicant u/s 363, 366, 376, 120-B IPC in the year 2010 in which cognizance was taken in 2010 itself. It is stated that now the opposite party no. 2 has entered into compromise with the applicant stating that now she has solemnized marriage with the applicant and therefore, on the basis of compromise, which copy dated 25.2.2019 is annexed as annexure-3 to the affidavit, the entire proceeding arising out of impugned charge-sheet be quashed.
It appears that the applicant has been evading to appear before the court and now in 2019 under what circumstances he has entered into compromise with the prosecutrix which is not discernible. Be that as it may, on the basis of compromise at this stage proceeding for the offence u/s 376 IPC cannot be quashed.
The present application has no force and the same is accordingly dismissed.
Order Date :- 19.11.2019 Dhirendra/
1 issue framed by the court
Whether a plea of compromise between applicant and prosecutrix despite long delay and evasion allows quashing of proceedings under S. 376 IPC.
2 provisions across 2 enactments
Rakesh
State of U.P.
Another
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
