(A) Indian Penal Code, 1860, S.376–Rape–Quashing–Compromise–Offence of rape is not to be quashed on basis of compromise between the parties-Although accused can be acquitted if complainant does not support the prosecution case-Criminal Procedure Code, 1973, S.482. (Paras 8 to 10)
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. (Paras 8 to 10)
(B) Indian Penal Code, 1860, S.376–Rape–Quashing–Compromise–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-Criminal Procedure Code, 1973, S.482.
Arjinder Singh & Ors.
State of Punjab & Anr.
2016(3) Law Herald (P&H) 2107 : 2016 LawHerald.Org 1325