The Allahabad High Court has quashed an FIR of a rape and Section 3/4 of Dowry Prohibition Act upon the submission that the parties have arrived at a compromise.
The Division Bench of Justice Kaushal Jayendra Thaker and Justice Gautam Chowdhary passed this order while hearing a petition filed by Iqbal And 2 Others.
By way of the petition, the accused-petitioners prays for quashing of the FIR dated 21.04.2022 registered in Case under Sections 376, 354, 323, 504, 506 I.P.C and Section 3/4 of Dowry Prohibition Act, Police Station Mainather, District Moradabad and also for staying his arrest in respect of the aforesaid FIR.
The counsel for the petitioners as well as counsel for the respondent no 3 jointly submitted that the matrimonial discord between the parties has been amicably settled and that the respondent no 3 does not proceed with the matter. In this regard, a short counter-affidavit has also been filed by respondent no 3 and thus the FIR may be quashed.
Marital dispute has culminated into lodgement of the FIR dated 21.04.2022 registered in aforesaid case crime. The petitioners are alleged to have committed the offence under Sections 376, 354, 323, 504, 506 IPC, out of those five Sections, Sections 323, 504, 506 IPC are compoundable. Although, Sections 354 read with Section 376 I.P.C and 3/4 of Dowry Prohibition Act are not compoundable but if the parties want to live peacefully in their married life, the same does not make a bar.
The Court noted,
The investigation papers have been produced by Counsel for the State, which shows that no offence under Sections 376, 354 IPC is made out against the petitioners.
Prima facie, looking at the FIR, investigation is continuing, although short counter-affidavit filed by the counsel for the respondent no 3 contains the averments that the proceedings initiated by the wife in a very haste manner, which may not be permitted to be carried on, as the matter has been settled between the parties and thus the FIR may be quashed.
“It is very clear that the petitioners have prima facie committed the said offence. Perusal of the FIR reveals that the same was registered on the basis that cognizable offence is disclosed and thus there is no force in the contention of the counsel for the petitioners that no cognizable offence is made out against the petitioners. The fact that the first informant/respondent no 3 as well as the petitioners have compromised the matter before the village people, who have also given an affidavit.
As the first informant/respondent no 3 has not been medically examined by the police and therefore the provisions of Section 376 IPC as alleged cannot be said to be made out. The offence stems out of discordance, which is a reason for lodging of the impugned FIR, but it is shown that the respondent no 3/first informant decided to give up the case and therefore, as the offence under Section 323, 504, 506 IPC are compoundable, the same are permitted as compounded. So far as the Sections 376, 354 IPC is concerned, it cannot be said that any offence is committed as the victim has not been medically examined and also in view of the fact that once the parties have decided that they do not wish to contest the matter, the FIR ought to have be quashed,” the Court observed while allowing the petition.
“In view of above, the first information report dated 21.04.2022 for the offence committed on 01.10.2021 i.e before six months, registered in Case under Sections 376, 354, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mainather, District Moradabad, is quashed. Police officials shall not take any further steps in the matter,” the Court ordered.