Rape-related criminal proceedings may be quashed on settlement where continuation serves no meaningful purpose.

The petitioners sought quashing of FIR No. 240/2017, registered at Police Station Nihal Vihar for offences under Sections 323, 341, 506 and 34 IPC, along with consequential proceedings, on the basis of a settlement with respondent No. 2.

Respondent No. 2 had married petitioner No. 1 on 10 March 2016 but subsequently alleged that he was already married, had assaulted and threatened her, and that other relatives had participated in the offences.

During investigation, her statement under Section 164 CrPC contained additional allegations of rape and unnatural sex, leading to the addition of Sections 376, 377 and 494 IPC.

The parties subsequently entered into a settlement recorded in a Settlement Deed dated 13 May 2024.

Respondent No. 2 appeared before the Court, confirmed the settlement, stated that she had remarried, had a child from the subsequent marriage, had accepted the petitioners’ apology, and no longer wished to pursue the criminal proceedings.

Whether the High Court could exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR and consequential proceedings on the basis of a voluntary settlement between the parties, despite the allegations involving Sections 376 and 377 IPC?

Whether continuation of the criminal proceedings would serve any meaningful purpose where the complainant had remarried, had moved on in her life, and expressly did not wish to pursue the case?

The Court exercised its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to secure the ends of justice.

Gian Singh v. State of Punjab & Anr., (2012) 10 SCC 303, and Narinder Singh & Ors. v. State of Punjab & Anr., (2014) 6 SCC 466, recognise that criminal proceedings involving non-compoundable offences may, in appropriate cases, be quashed on the basis of settlement where continuation would serve no meaningful purpose and the possibility of conviction is remote or bleak.

Madhukar & Anr. v. State of Maharashtra, 2025 SCC OnLine SC 1415, held that although offences under Section 376 IPC are grave and quashing on the basis of settlement should not be permitted lightly, the power under Section 482 CrPC is fact-sensitive and may be exercised to secure the ends of justice where continuation of the proceedings would prolong distress without a productive outcome.

The Court acknowledged that the allegations under Sections 376 and 377 IPC were serious and that such offences ordinarily should not be quashed merely because the parties have settled.

However, it found that respondent No. 2 had consistently confirmed the settlement, had voluntarily accepted the petitioners’ apology, had remarried and established a new family life, and had withdrawn related maintenance and execution proceedings.

In these circumstances, her unwillingness to pursue the prosecution substantially weakened the likelihood of a meaningful or productive trial.

Applying the principles in Narinder Singh, Gian Singh and Madhukar, the Court concluded that continuation of the proceedings would serve no useful purpose and would unnecessarily disturb the complainant’s settled life.

FIR No. 240/2017 dated 15 May 2017, registered at Police Station Nihal Vihar under Sections 323, 341, 506 and 34 IPC, together with all consequential proceedings, was quashed.

The original affidavits and memorandum of understanding were directed to be submitted before the Trial Court within four weeks for inclusion in the Trial Court record.

The petition and pending application were disposed of accordingly.