CRM-M-48320-2017(OM) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-48320-2017(OM)
Date of decision:-9.8.2018
Pardeep and others
…Petitioners
Versus
State of Haryana and others
…Respondents
CORAM : HON’BLE MR. JUSTICE H.S. MADAAN
Present : Mr.Shailender Singh, Advocate
for the petitioners.
Mr.Gaurav Bansal, AAG, Haryana.
Mr.Arun Gupta, Advocate
for respondents No.2 and 3.
****
H.S. MADAAN, J.
Briefly stated, facts of the case as per prosecution story are
that complainant Ritu d/o late Sh.Surjeet Singh, resident of VPO
Naguran, District Jind had submitted a written complaint addressed to
SHO, Women Police Station, Jind seeking registration of a case of rape
against Pardeep s/o late Ishwar Singh, inter alia stating that she was
married to Pankaj son of late Ishwar Singh, resident of village Jalalpur
Kalan, District Jind, whereas sister of complainant is married to
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Pardeep, an elder brother of Pankaj; that both the sisters have got a son
each. In the complaint, it is alleged that Pardeep was having an evil eye
on the complainant and on the intervening night of 16/17 June, when
Pankaj had gone to fields for irrigation purpose and complainant was
sleeping in her room on first floor of the house, then Kitabo Devi,
mother-in-law of complainant came upstairs and got opened the door of
the room, thereafter, Pardeep entered in the room and had forcibly
sexual intercourse with the complainant against her wishes and after that
he went away therefrom giving threats to kill the complainant.
According to the complainant, she had told her mother-in-law that she
had not done good thing with her but to no effect; that when Pankaj –
husband of the complainant returned home, the complainant narrated the
incident to him but he rather threatened the complainant to keep quiet
and not to disclose this to any one, otherwise he would kill her; that the
complainant remained silent and subsequently, she had moved the
written complaint.
After registration of the FIR, the matter was investigated.
Accused were arrested in this case. Thereafter, the parties have said to
have entered into compromise.
A petition under Section 482 Cr.P.C. for quashing of FIR
No.50 dated 11.8.2016, under Sections 376/498-A/34/506 IPC, Police
Station Women, Jind along with further proceedings arising therefrom,
has been filed on the basis of compromise, notice of which was given to
the respondents, who put in appearance.
Thereafter, vide order dated 9.3.2018, the trial Court was
directed to record statements of accused and affected persons and then to
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send report to this Court. Learned District Sessions Judge, Jind has
accordingly send the report along with statements recorded.
I have heard learned counsel for the parties besides going
through the record.
Though as per various decisions of the Hon’ble Apex Court
and by a Co-ordinate Benches of this Court, compounding of offences in
matrimonial disputes is normally allowed. A dispute which are normally
for the offences under Section 406 IPC i.e. criminal breach of trust with
regard to dowry articles of the wife and Section 498-A IPC relating to
the offence of treating the wife with cruelty in connection with demand
of dowry, are said to be somewhat personal in nature. But when it comes
to offence under Section 376 IPC, which is a very serious offence, rather
it is an offence against the society, the culprit cannot be allowed to be let
off in the garb of resolution of a matrimonial dispute in an amicable
way. As stated the complainant and her sister had filed the petitions for
divorce with mutual consent. Though in majority of the cases, this Court
may quash the proceedings where parties settled their matrimonial
dispute but in the instant case, I do not find it proper to exercise inherent
power so as to quash the FIR for the offence under Section 376 IPC.
There are serious allegations of rape against Pardeep with Katabo Devi
and Pankaj abetting the same. Therefore, I find that it is not a fit case to
exercise power under Section 482 Cr.P.C. and to allow the parties to get
the FIR and other ancillary proceedings quashed keeping in view the
seriousness of allegations discussed above. It is stated that after
completion of investigation, challan has been filed and the trial has
started. The guilt of the accused shall be determined during the trial.
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The petition being without merit stands dismissed
accordingly.
(H.S.MADAAN)
9.8.2018 JUDGE
Brij
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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