Gujarat HC Quashes Rape FIR Against Woman’s Cousin After Complainant Says They Fell In Love And Settled The Dispute

In brief

The question

1. Whether the FIR and consequential proceedings could be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the parties’ settlement and the complainant’s stated lack of objection.

The court held

The Court allowed the application and quashed the FIR and all consequential proceedings against the petitioner, Nazabalikhan @ Raiyankhan Nazarkhan.

It also directed

As the petitioner was in jail, the Court directed his immediate release unless he was required in another case.

01Facts

The petitioner sought to quash C.R. No. 11196017260601, registered at Panigate Police Station, Vadodara, for offences under Sections 64(1) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and the proceedings arising from it.

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The complainant stated that she and the petitioner, her maternal uncle’s son, had amicably settled their dispute with the assistance of family elders. She appeared before the Court, confirmed that the settlement was voluntary, and said she did not wish to proceed; her parents also had no objection to quashing.

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The petitioner was in jail when the application was decided.

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02Issues

i.1. Whether the FIR and consequential proceedings could be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the parties’ settlement and the complainant’s stated lack of objection.

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ii.2. Whether the petitioner should be released from custody following the quashing order.

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03Law Applied

The Court exercised its jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR and consequential proceedings to secure the ends of justice.

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It relied on Gian Singh v. State of Punjab, (2012) 10 SCC 303; Madan Mohan Abbot v. State of Punjab, (2008) 4 SCC 582; Nikhil Merchant v. CBI, 2009 (1) GLH 31; Manoj Sharma v. State, 2009 (1) GLH 190; Narinder Singh v. State of Punjab, (2014) 6 SCC 466; and State of Haryana v. Bhajan Lal, AIR 1992 SC 604, as authorities relevant to quashing proceedings in the circumstances before it.

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The judgment states that, where the parties have settled their dispute, quashing may be appropriate to secure the ends of justice.

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Provisions in the judgment · 3 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Bharatiya Nyaya Sanhita, 2023 Section 64 Section 351

04Reasoning

The Court accepted the settlement affidavit and the complainant’s in-court confirmation that the settlement was voluntary and that she did not wish to continue with the FIR. It also noted that her parents did not oppose quashing.

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Applying Section 528 BNSS and the cited authorities, the Court concluded that the dispute had been amicably resolved and that continuing the proceedings was unnecessary to secure the ends of justice.

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