High Court Quashes Prosecution for Sexual Offence After Amicable Settlement and Valid Marriage Between Parties

The petitioner sought quashment of FIR Crime No. 762/2023 lodged on 28.10.2023 by the prosecutrix (Respondent No. 2).

The complainant alleged that between 2021 and 2023, the petitioner established physical relations on a false promise of marriage.

The petitioner contended that the parties had legally married on 08.05.2023 and registered the same on 07.06.2023.

During the pendency of the petition, the parties filed a joint application (I.A. No. 8974/2026) for compromise, stating that the FIR arose from domestic discord following the petitioner’s transfer and that they now wish to continue their matrimonial relationship.

1. Whether the High Court should exercise its inherent power under Section 482 Cr.P.C. (now Section 528 BNSS) to quash criminal proceedings for non-compoundable offences like rape (Section 376 IPC) based on a compromise between legally wedded spouses.

2. Whether the continuation of criminal proceedings in the face of a settled matrimonial dispute constitutes an abuse of the process of law.

Section 482 of the Code of Criminal Procedure regarding the inherent powers of the High Court to prevent abuse of process and secure the ends of justice.

The precedent of Gian Singh vs. State of Punjab & Another (2012), which distinguishes between compounding and quashing, establishing that the High Court may quash proceedings if the ends of justice justify it based on the material on record.

Ramgopal & Another vs. State of Madhya Pradesh (2021), affirming that the High Court can quash proceedings if parties have amicably settled their dispute, depending on the nature of the offence.

The Court examined the marriage certificate (Annexure-2) and the Settlement Deed (Annexure-D/1), noting that the parties are legally married and have resolved their disputes voluntarily.

The Court reasoned that since the allegations of "false promise of marriage" are contradicted by the subsequent valid marriage and current peaceful cohabitation, the ingredients of the alleged offences are not sustainably made out.

The Court observed that because the prosecutrix no longer wishes to pursue the case and the parties are residing as husband and wife, a trial would serve no useful purpose and would instead jeopardize the stability of their matrimonial life.

The Court allowed I.A. No. 8974/2026 and the main petition, quashing FIR Crime No. 762/2023 registered at Police Station Sihora and all consequential proceedings against the petitioner.